Text: HF00499                           Text: HF00501
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House File 500

Partial Bill History

Bill Text

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  9    1. 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 13    2. 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 18    3. c.  Name and address, if known, of the defendant.
  1 19    4. d.  Relationship of the plaintiff to the defendant.
  1 20    5. e.  Nature of the alleged domestic abuse.
  1 21    6. f.  Name and age of each child under eighteen whose
  1 22 welfare may be affected by the controversy.
  1 23    7. g.  Desired relief, including a request for temporary or
  1 24 emergency orders.
  1 25    If the plaintiff files an affidavit stating that the
  1 26 plaintiff does not have sufficient funds to pay the cost of
  1 27 filing and service, the petition shall be filed and service
  1 28 shall be made without payment of costs.  If a petition is
  1 29 filed and service is made without payment of costs, the court
  1 30 shall determine at the hearing if the payment of costs would
  1 31 prejudice the plaintiff's financial ability to provide
  1 32 economic necessities for the plaintiff or the plaintiff's
  1 33 dependents.  If the court finds that the payment of costs
  1 34 would not prejudice the plaintiff's financial ability to
  1 35 provide economic necessities for the plaintiff or the
  2  1 plaintiff's dependents, the court may order the plaintiff to
  2  2 pay the costs of filing and service.  However, in making the
  2  3 determinations, the court shall not consider funds no longer
  2  4 available to the plaintiff as a result of the commencement of
  2  5 the 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 shall
  2 22 include language in fourteen-point boldface type, with a box
  2 23 which may be checked by the plaintiff, indicating that the
  2 24 plaintiff wishes to proceed by filing an affidavit pursuant to
  2 25 section 236.3, because the plaintiff does not have sufficient
  2 26 funds 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 of court costs if you do not have
  3  3 sufficient funds to pay the costs filing 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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