Text: H01302 Text: H01304 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 719 as follows:
1 2 #1. By striking page 1, line 1, through page 4,
1 3 line 17, and inserting the following:
1 4 "Section 1. NEW SECTION. 598.23B PRO SE CONTEMPT
1 5 PROCEEDING – VIOLATION OF CUSTODY OR VISITATION.
1 6 1. A party to an order or decree may initiate a
1 7 contempt of court action, pursuant to chapter 665, pro
1 8 se, alleging violation of a valid court order or
1 9 decree by another party regarding custody or
1 10 visitation. The application submitted shall be
1 11 accompanied by an affidavit, signed by the plaintiff,
1 12 stating the details of the violation of the order or
1 13 decree.
1 14 2. Upon a finding that the respondent has violated
1 15 a valid court order or decree regarding custody or
1 16 visitation, the court shall cite and punish the person
1 17 for contempt. Additionally, the court shall issue an
1 18 order stating that if the respondent subsequently
1 19 violates the court order or decree regarding custody
1 20 or visitation, the respondent is subject to citation
1 21 for violation of the court order or decree relating to
1 22 custody or visitation as provided in this section.
1 23 The plaintiff shall retain a copy of the order issued,
1 24 and upon the occurrence of a subsequent violation of
1 25 the court order or decree regarding custody or
1 26 visitation, shall present the copy of the order to the
1 27 law enforcement officer to demonstrate the prior
1 28 contempt of court finding against the respondent.
1 29 3. The department of justice shall prescribe
1 30 standard application forms to be used by plaintiffs
1 31 initiating contempt proceedings pro se under this
1 32 section. The forms shall include a box, which may be
1 33 checked by a plaintiff, indicating that the plaintiff
1 34 wishes to proceed but is unable to pay the cost of
1 35 filing and service. The forms shall also include an
1 36 affidavit to be completed by the plaintiff who does
1 37 not have sufficient funds to pay the cost of filing
1 38 and service. If an application is filed and service
1 39 is made without payment of costs, the court shall
1 40 determine at the hearing if payment of costs would
1 41 prejudice the plaintiff's financial ability to
1 42 proceed. The standard forms shall be the exclusive
1 43 forms used by plaintiffs proceeding pro se under this
1 44 section. The department of justice shall distribute
1 45 the forms to the clerks of the district courts, and
1 46 the clerks of the district courts shall furnish the
1 47 required forms to persons proceeding pro se under this
1 48 section.
1 49 4. a. If a party to an order or decree who has
1 50 been cited for contempt for violation of a court order
2 1 or decree regarding custody or visitation subsequently
2 2 violates such a court order or decree, a law
2 3 enforcement officer shall issue a citation to the
2 4 person for violation of a custody or visitation order
2 5 or decree upon presentation by a party of a copy of
2 6 the order previously issued by the court regarding
2 7 such previous violation. The citation shall include
2 8 the name and address of the person, the nature of the
2 9 offense, the time and place at which the person is to
2 10 appear in court, and the penalty for failure to
2 11 appear. Before the cited person may be released, the
2 12 person shall sign the citation as a written promise to
2 13 appear in court at the time and place specified. A
2 14 copy of the citation shall be given to the person."
2 15 #2. Page 4, by striking lines 21 and 22 and
2 16 inserting the following: "person with the crime of
2 17 violation of a custody or visitation decree or order."
2 18 #3. Page 4, by striking line 25 and inserting the
2 19 following:
2 20 "d. A person who commits a violation of a decree
2 21 or order for custody".
2 22 #4. Page 4, line 26, by striking the word
2 23 "section" and inserting the following: "subsection".
2 24 #5. Page 4, line 32, by striking the word
2 25 "interference" and inserting the following:
2 26 "violation".
2 27 #6. Page 5, by striking lines 2 through 7.
2 28 #7. Page 5, line 10, by striking the words
2 29 "UNLAWFUL INTERFERENCE WITH" and inserting the
2 30 following: "VIOLATION OF DECREES OR ORDERS FOR".
2 31 #8. Page 5, line 18, by striking the words
2 32 "unlawful interference with" and inserting the
2 33 following: "violation of decrees or orders for".
2 34 #9. Title page, line 1, by striking the words
2 35 "interference with" and inserting the following:
2 36 "violation of decrees or orders for".
2 37 #10. Title page, line 2, by striking the word
2 38 "mediation" and inserting the following: "pro se
2 39 contempt of court proceedings".
2 40 #11. Title page, line 3, by striking the words
2 41 "interference with" and inserting the following:
2 42 "violation of decrees or orders for".
2 43 #12. By renumbering as necessary.
2 44
2 45
2 46
2 47 BODDICKER of Cedar
2 48 HF 719.502 78
2 49 pf/jw
Text: H01302 Text: H01304 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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