Text: SSB01185                          Text: SSB01187
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1186

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 the
  1 10 plaintiff's attorney, if any.  If the plaintiff is proceeding
  1 11 pro se, the petition shall state a mailing address for the
  1 12 plaintiff.
  1 13    2 b.  Name and address of the parent or guardian filing the
  1 14 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 other costs in order to file the petition under
  2  8 this section.
  2  9    b.  The court may assess costs of filing and service to a
  2 10 defendant as court costs pursuant to section 236.5, subsection
  2 11 3.
  2 12    3.  If the person against whom relief from domestic abuse
  2 13 is being sought is seventeen years of age or younger, the
  2 14 district court shall waive its jurisdiction over the action to
  2 15 the juvenile court.
  2 16    Sec. 2.  Section 236.3A, subsection 1, Code 1999, is
  2 17 amended to read as follows:
  2 18    1.  The department shall prescribe standard forms to be
  2 19 used by plaintiffs seeking protective orders by proceeding pro
  2 20 se in actions under this chapter.  The standard forms shall
  2 21 include language in fourteen-point boldface type, with a box
  2 22 which may be checked by the plaintiff, indicating that the
  2 23 plaintiff wishes to proceed by filing an affidavit pursuant to
  2 24 section 236.3, because the plaintiff does not have sufficient
  2 25 funds to pay the cost of filing and service.  Standard forms
  2 26 prescribed by the department shall be the exclusive forms used
  2 27 by plaintiffs proceeding pro se, and may be used by other
  2 28 plaintiffs.  The department shall distribute the forms to the
  2 29 clerks of the district courts.
  2 30    Sec. 3.  Section 236.5, subsection 2, paragraph e,
  2 31 unnumbered paragraph 2, Code 1999, is amended to read as
  2 32 follows:
  2 33    An order for counseling, a protection order, or approved
  2 34 consent agreement shall be for a fixed period of time not to
  2 35 exceed one year.  The court may amend its order or a consent
  3  1 agreement at any time upon a petition filed by either party
  3  2 and after notice and hearing.  The court may extend or renew a
  3  3 protection order upon motion by the victim prior to expiration
  3  4 of the original protective order.  A victim who met the
  3  5 conditions for the filing of the original protective order is
  3  6 eligible for an extension or renewal, regardless of whether
  3  7 the victim meets all requirements at the time of the motion
  3  8 for renewal or extension of the order.
  3  9    Sec. 4.  Section 236.12, subsection 1, paragraph c, Code
  3 10 1999, is amended to read as follows:
  3 11    c.  Providing an abused person with immediate and adequate
  3 12 notice of the person's rights.  The notice shall consist of
  3 13 handing the person a copy of the following statement written
  3 14 in English and Spanish, asking the person to read the card and
  3 15 whether the person understands the rights:
  3 16    "You have the right to ask the court for the following help
  3 17 on a temporary basis:
  3 18    (1)  Keeping your attacker away from you, your home and
  3 19 your place of work.
  3 20    (2)  The right to stay at your home without interference
  3 21 from your attacker.
  3 22    (3)  Getting custody of children and obtaining support for
  3 23 yourself and your minor children if your attacker is legally
  3 24 required to provide such support.
  3 25    (4)  Professional counseling for you, the children who are
  3 26 members of the household, and the defendant.
  3 27    You have the right to seek help from the court to seek a
  3 28 protective order with or without the assistance of legal
  3 29 representation.  You have the right to seek help from the
  3 30 courts without the payment of court costs if you do not have
  3 31 sufficient funds to pay the costs filing fees or the costs of
  3 32 service.
  3 33    You have the right to file criminal charges for threats,
  3 34 assaults, or other related crimes.
  3 35    You have the right to seek restitution against your
  4  1 attacker for harm to yourself or your property.
  4  2    If you are in need of medical treatment, you have the right
  4  3 to request that the officer present assist you in obtaining
  4  4 transportation to the nearest hospital or otherwise assist
  4  5 you.
  4  6    If you believe that police protection is needed for your
  4  7 physical safety, you have the right to request that the
  4  8 officer present remain at the scene until you and other
  4  9 affected parties can leave or until safety is otherwise
  4 10 ensured."
  4 11    The notice shall also contain the telephone numbers of safe
  4 12 shelters, support groups, or crisis lines operating in the
  4 13 area.
  4 14    Sec. 5.  Section 602.8105, Code 1999, is amended by adding
  4 15 the following new subsection:
  4 16    NEW SUBSECTION.  2A.  Notwithstanding subsections 1 and 2,
  4 17 the clerk of the district court shall not charge a filing fee
  4 18 or the costs of service to a plaintiff filing a petition filed
  4 19 under section 236.3.
  4 20    Sec. 6.  Section 915.50, subsection 1, Code 1999, is
  4 21 amended to read as follows:
  4 22    1.  The right to file, without payment of filing fees or
  4 23 costs of service, a pro se petition for relief from domestic
  4 24 abuse in the district court, pursuant to sections 236.3
  4 25 through 236.10.  
  4 26                           EXPLANATION
  4 27    This bill amends Code chapter 236 and related provisions
  4 28 relating to protective orders for domestic abuse.
  4 29    The bill amends Code section 236.3 to provide that a
  4 30 plaintiff may file a petition seeking a protective order
  4 31 against domestic abuse without payment of a filing fee or the
  4 32 costs associated with service.  The court may order the
  4 33 defendant to pay these costs as court costs pursuant to Code
  4 34 section 236.5.  Related changes are made to Code section
  4 35 236.3A, regarding forms used to file for pro se relief; Code
  5  1 section 236.12, regarding the notification of rights that a
  5  2 law enforcement officer gives a victim of domestic abuse; and
  5  3 to Code section 602.8105, regarding the charging of filing
  5  4 fees for civil cases.  The change is also reflected in an
  5  5 amendment to Code section 915.50, regarding the rights of
  5  6 victims of domestic abuse.
  5  7    The bill also amends Code section 236.5 to permit the court
  5  8 to extend or renew a protective order upon motion by the
  5  9 plaintiff, if the plaintiff met the conditions for entry of
  5 10 the order at the time of the original protective order.  
  5 11 LSB 2245SC 78
  5 12 jj/gg/8
     

Text: SSB01185                          Text: SSB01187
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 5 03:43:18 CST 1999
URL: /DOCS/GA/78GA/Legislation/SSB/01100/SSB01186/990304.html
jhf