Text: HF00401 Text: HF00403 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.3, unnumbered paragraph 2, Code 1 2 2001, is amended by striking the unnumbered paragraph and 1 3 inserting in lieu thereof the following: 1 4 The filing fee for an order for protection under this 1 5 chapter shall be waived for the plaintiff. The court 1 6 administrator, the sheriff of any county in this state, and 1 7 other law enforcement and corrections officers shall perform 1 8 their duties relating to service of process without charge to 1 9 the petitioner. The court may direct the defendant to pay to 1 10 the court administrator the plaintiff's filing fees and 1 11 reasonable costs of service of process if the court determines 1 12 the defendant has the ability to pay the plaintiff's fees and 1 13 costs. 1 14 Sec. 2. Section 236.19, subsection 5, Code 2001, is 1 15 amended as follows: 1 16 5. Filing and service costs in connection with foreign 1 17 protective ordersmay beare waivedor deferredas provided in 1 18 section 236.3. 1 19 EXPLANATION 1 20 This bill eliminates filing and service of process fees for 1 21 plaintiffs seeking relief from domestic abuse, and allows the 1 22 court to determine whether these fees should be assessed to 1 23 the defendant. Current law allows the court discretion to 1 24 determine whether payment of filing and service of process 1 25 fees would prejudice the plaintiff's ability to provide 1 26 economic necessities for the plaintiff or the plaintiff's 1 27 dependents. 1 28 The bill is proposed to comply with the federal Violence 1 29 Against Women Act funding certification requirements. 1 30 LSB 2396HV 79 1 31 rh/pj/5
Text: HF00401 Text: HF00403 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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