Text: HF00229 Text: HF00231 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 236.8, Code 1999, is amended to read as
1 2 follows:
1 3 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES –
1 4 HEARINGS.
1 5 1. A person commits a simple misdemeanor or the court may
1 6 hold a person in contempt for a violation of an order or
1 7 court-approved consent agreement entered under this chapter,
1 8 for violation of a temporary or permanent protective order or
1 9 order to vacate the homestead under chapter 598, for violation
1 10 of any order that establishes conditions of release or is a
1 11 protective order or sentencing order in a criminal prosecution
1 12 arising from a domestic abuse assault, or for violation by an
1 13 adult of a protective order under chapter 232.
1 14 2. The court shall take into consideration all
1 15 circumstances related to the occurrence that is alleged to be
1 16 a violation of the order or consent agreement. If the court
1 17 determines by clear and convincing evidence that both of the
1 18 following occurred, the court may dismiss the charges:
1 19 a. The violation occurred because of provocation,
1 20 invitation, or deception by a person protected by the order or
1 21 consent agreement.
1 22 b. No domestic abuse occurred during the violation.
1 23 3. a. If convicted or held in contempt, the defendant
1 24 shall serve a jail sentence. Any jail sentence of more than
1 25 one day imposed under this section shall be served on
1 26 consecutive days.
1 27 b. A defendant who is held in contempt or convicted may be
1 28 ordered by the court to pay the plaintiff's attorney fees and
1 29 court costs incurred in the proceedings under this section.
1 30 4. A hearing in a contempt proceeding brought pursuant to
1 31 this section shall be held not less than five and not more
1 32 than fifteen days after the issuance of a rule to show cause,
1 33 as set by the court.
1 34 5. A person shall not be convicted of and held in contempt
1 35 for the same violation of an order or court-approved consent
2 1 agreement entered under this chapter, for the same violation
2 2 of a temporary or permanent protective order or order to
2 3 vacate the homestead under chapter 598, for violation of any
2 4 order that establishes conditions of release or is a
2 5 protective order or sentencing order in a criminal prosecution
2 6 arising from a domestic abuse assault, or for violation of a
2 7 protective order under chapter 232.
2 8 EXPLANATION
2 9 This bill amends Code section 236.8, regarding alleged
2 10 violations of no-contact orders in domestic abuse cases.
2 11 The bill divides the current section into subsections, and
2 12 adds a provision that allows the judge to dismiss criminal or
2 13 contempt charges of a violation in situations where the
2 14 violation occurred because the defendant was provoked,
2 15 invited, or deceived by the person protected by the order, and
2 16 where no domestic abuse occurred during the violation.
2 17 LSB 1812HH 78
2 18 jj/jw/5.1
Text: HF00229 Text: HF00231 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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