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House File 2533

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2533
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO PROTECTIVE ORDERS AND COURT-APPROVED CONSENT
  1  5    AGREEMENTS UNDER THE DOMESTIC ABUSE ACT.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 236.3A, subsection 1, Code 2003, is
  1 10 amended to read as follows:
  1 11    1.  The department shall prescribe standard forms to be
  1 12 used by plaintiffs seeking protective orders by proceeding pro
  1 13 se in actions under this chapter.  The standard forms shall
  1 14 include language in fourteen-point boldface type, with a box
  1 15 which may be checked by the plaintiff, indicating that the
  1 16 plaintiff wishes to proceed by filing an affidavit pursuant to
  1 17 section 236.3, because the plaintiff does not have sufficient
  1 18 funds to pay the cost of filing and service.  Standard forms
  1 19 prescribed by the department shall be the exclusive forms used
  1 20 by plaintiffs proceeding pro se, and may be used by other
  1 21 plaintiffs.  The department shall distribute the forms to the
  1 22 clerks of the district courts.
  1 23    Sec. 2.  Section 236.8, Code 2003, is amended to read as
  1 24 follows:
  1 25    236.8  VIOLATION OF ORDER – CONTEMPT – PENALTIES –
  1 26 HEARINGS.
  1 27    1.  A person commits a simple misdemeanor or the court may
  1 28 hold a person in contempt for a violation of an order or
  1 29 court-approved consent agreement entered under this chapter,
  1 30 including a violation of a valid foreign protective order
  1 31 under section 236.19, subsection 3, for a violation of a
  1 32 temporary or permanent protective order or order to vacate the
  1 33 homestead under chapter 598, for a violation of any order that
  1 34 establishes conditions of release or is a protective order or
  1 35 sentencing order in a criminal prosecution arising from a
  2  1 domestic abuse assault, or for a violation by an adult of a
  2  2 protective order under chapter 232.
  2  3    2.  If convicted or held in contempt for a violation the
  2  4 defendant shall serve a jail sentence.  Any jail sentence of
  2  5 more than one day imposed under this section shall be served
  2  6 on consecutive days.  A defendant who is held in contempt or
  2  7 convicted may be ordered by the court to pay the plaintiff's
  2  8 attorney fees and court costs incurred in the proceedings
  2  9 under this section.
  2 10    3.  A hearing in a contempt proceeding brought pursuant to
  2 11 this section shall be held not less than five and not more
  2 12 than fifteen days after the issuance of a rule to show cause,
  2 13 as set by the court.
  2 14    4.  A person shall not be convicted of and held in contempt
  2 15 for the same violation of an order or court-approved consent
  2 16 agreement entered under this chapter including the same
  2 17 violation of a valid foreign protective order under section
  2 18 236.19, subsection 3, for the same violation of a temporary or
  2 19 permanent protective order or order to vacate the homestead
  2 20 under chapter 598, for a violation of any order that
  2 21 establishes conditions of release or is a protective order or
  2 22 sentencing order in a criminal prosecution arising from a
  2 23 domestic abuse assault, or for violation of a protective order
  2 24 under chapter 232.
  2 25    Sec. 3.  Section 236.11, unnumbered paragraph 3, Code 2003,
  2 26 is amended to read as follows:
  2 27    If the magistrate finds probable cause, the magistrate
  2 28 shall order the person to appear either before the court which
  2 29 issued the original order or approved the consent agreement,
  2 30 whichever was allegedly violated or before the court in the
  2 31 jurisdiction where the alleged violation took place, at a
  2 32 specified time not less than five days nor more than fifteen
  2 33 days after the initial appearance under this section.  The
  2 34 magistrate shall cause the original court to be notified of
  2 35 the contents of the magistrate's order.  
  3  1 
  3  2 
  3  3                                                             
  3  4                               CHRISTOPHER C. RANTS
  3  5                               Speaker of the House
  3  6 
  3  7 
  3  8                                                             
  3  9                               JEFFREY M. LAMBERTI
  3 10                               President of the Senate
  3 11 
  3 12    I hereby certify that this bill originated in the House and
  3 13 is known as House File 2533, Eightieth General Assembly.
  3 14 
  3 15 
  3 16                                                             
  3 17                               MARGARET THOMSON
  3 18                               Chief Clerk of the House
  3 19 Approved                , 2004
  3 20 
  3 21 
  3 22                            
  3 23 THOMAS J. VILSACK
  3 24 Governor
     
Text: HF02532                           Text: HF02534
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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