Text: HF00499 Text: HF00501 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.3, Code 1999, is amended to read as 1 2 follows: 1 3 236.3 COMMENCEMENT OF ACTIONS WAIVER TO JUVENILE COURT. 1 4 1. A person, including a parent or guardian on behalf of 1 5 an unemancipated minor, may seek relief from domestic abuse by 1 6 filing a verified petition in the district court. Venue shall 1 7 lie where either party resides. The petition shall state all 1 8 of the following: 1 91.a. Name of the plaintiff and the name and address of 1 10 the plaintiff's attorney, if any. If the plaintiff is 1 11 proceeding pro se, the petition shall state a mailing address 1 12 for the plaintiff. 1 132.b. Name and address of the parent or guardian filing 1 14 the petition, if the petition is being filed on behalf of an 1 15 unemancipated minor. For the purposes of this chapter, 1 16 "plaintiff" includes a person filing an action on behalf of an 1 17 unemancipated minor. 1 183.c. Name and address, if known, of the defendant. 1 194.d. Relationship of the plaintiff to the defendant. 1 205.e. Nature of the alleged domestic abuse. 1 216.f. Name and age of each child under eighteen whose 1 22 welfare may be affected by the controversy. 1 237.g. Desired relief, including a request for temporary or 1 24 emergency orders. 1 25If the plaintiff files an affidavit stating that the1 26plaintiff does not have sufficient funds to pay the cost of1 27filing and service, the petition shall be filed and service1 28shall be made without payment of costs. If a petition is1 29filed and service is made without payment of costs, the court1 30shall determine at the hearing if the payment of costs would1 31prejudice the plaintiff's financial ability to provide1 32economic necessities for the plaintiff or the plaintiff's1 33dependents. If the court finds that the payment of costs1 34would not prejudice the plaintiff's financial ability to1 35provide economic necessities for the plaintiff or the2 1plaintiff's dependents, the court may order the plaintiff to2 2pay the costs of filing and service. However, in making the2 3determinations, the court shall not consider funds no longer2 4available to the plaintiff as a result of the commencement of2 5the action.2 6 2. a. The plaintiff shall not be required to pay a filing 2 7 fee or any service or other costs in order to file the 2 8 petition and to have the original notice served under this 2 9 section. 2 10 b. The court may assess costs of filing and services to a 2 11 defendant as court costs pursuant to section 236.5, subsection 2 12 3. 2 13 3. If the person against whom relief from domestic abuse 2 14 is being sought is seventeen years of age or younger, the 2 15 district court shall waive its jurisdiction over the action to 2 16 the juvenile court. 2 17 Sec. 2. Section 236.3A, subsection 1, Code 1999, is 2 18 amended to read as follows: 2 19 1. The department shall prescribe standard forms to be 2 20 used by plaintiffs seeking protective orders by proceeding pro 2 21 se in actions under this chapter.The standard forms shall2 22include language in fourteen-point boldface type, with a box2 23which may be checked by the plaintiff, indicating that the2 24plaintiff wishes to proceed by filing an affidavit pursuant to2 25section 236.3, because the plaintiff does not have sufficient2 26funds to pay the cost of filing and service.Standard forms 2 27 prescribed by the department shall be the exclusive forms used 2 28 by plaintiffs proceeding pro se, and may be used by other 2 29 plaintiffs. The department shall distribute the forms to the 2 30 clerks of the district courts. 2 31 Sec. 3. Section 236.12, subsection 1, paragraph c, 2 32 unnumbered paragraph 3, Code 1999, is amended to read as 2 33 follows: 2 34 You have the right to seek help from the court to seek a 2 35 protective order with or without the assistance of legal 3 1 representation. You have the right to seek help from the 3 2 courts without the payment ofcourt costs if you do not have3 3sufficient funds to pay the costsfiling fees or any service 3 4 or other costs of service. 3 5 Sec. 4. Section 602.8105, Code 1999, is amended by adding 3 6 the following new subsection: 3 7 NEW SUBSECTION. 2A. Notwithstanding subsections 1 and 2, 3 8 the clerk of the district court shall not charge a filing fee 3 9 or the costs of service to a plaintiff filing a petition filed 3 10 under section 236.3. 3 11 Sec. 5. Section 915.50, subsection 1, Code 1999, is 3 12 amended to read as follows: 3 13 1. The right to file, without payment of filing fees or 3 14 costs of service, a pro se petition for relief from domestic 3 15 abuse in the district court, pursuant to sections 236.3 3 16 through 236.10. 3 17 EXPLANATION 3 18 This bill amends the Code in chapter 236 and elsewhere as 3 19 it relates to filing a court petition for relief from domestic 3 20 abuse. 3 21 The bill amends Code section 236.3 to provide that a 3 22 plaintiff may file a petition seeking a protective order 3 23 against domestic abuse without payment of a filing fee or the 3 24 costs associated with service. The court may order the 3 25 defendant to pay these costs as court costs pursuant to Code 3 26 section 236.5. Related changes are made to Code section 3 27 236.3A, regarding forms used, Code section 236.12, regarding 3 28 the notification of rights that a law enforcement officer 3 29 gives a victim of domestic abuse, and to Code section 3 30 602.8105, regarding filing fees for civil cases. The change 3 31 is also reflected in an amendment to Code section 915.50, 3 32 regarding the rights of victims of domestic abuse. 3 33 LSB 2609HH 78 3 34 jj/cf/24
Text: HF00499 Text: HF00501 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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