Text: HSB00682 Text: HSB00684 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.3A, subsection 1, Code 2003, is 1 2 amended to read as follows: 1 3 1. The department shall prescribe standard forms to be 1 4 used by plaintiffs seeking protective orders by proceeding pro 1 5 se in actions under this chapter. The standard forms shall 1 6 include language in fourteen-point boldface type, with a box1 7which may be checked by the plaintiff, indicating that the1 8plaintiff wishes to proceed by filing an affidavit pursuant to1 9section 236.3, because the plaintiff does not have sufficient1 10funds to pay the cost of filing and service. Standard forms 1 11 prescribed by the department shall be the exclusive forms used 1 12 by plaintiffs proceeding pro se, and may be used by other 1 13 plaintiffs. The department shall distribute the forms to the 1 14 clerks of the district courts. 1 15 Sec. 2. Section 236.8, Code 2003, is amended to read as 1 16 follows: 1 17 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 1 18 HEARINGS. 1 19 1. A person commits a simple misdemeanor or the court may 1 20 hold a person in contempt for a violation or attempted 1 21 violation of an order or court-approved consent agreement 1 22 entered under this chapter, including a violation or attempted 1 23 violation of a valid foreign protective order under section 1 24 236.19, subsection 3, for a violation or attempted violation 1 25 of a temporary or permanent protective order or order to 1 26 vacate the homestead under chapter 598, for a violation or 1 27 attempted violation of any order that establishes conditions 1 28 of release or is a protective order or sentencing order in a 1 29 criminal prosecution arising from a domestic abuse assault,or1 30 for a violation or attempted violation by an adult of a 1 31 protective order under chapter 232, or for a violation or 1 32 attempted violation of a statute in another state 1 33 substantially corresponding to the violations described in 1 34 this subsection. 1 35 2. If convicted or held in contempt for a violation or 2 1 attempted violation of an order or agreement described in this 2 2 section, the defendant shall serve a jail sentence. Any jail 2 3 sentence of more than one day imposed under this section shall 2 4 be served on consecutive days. A defendant who is held in 2 5 contempt or convicted may be ordered by the court to pay the 2 6 plaintiff's attorney fees and court costs incurred in the 2 7 proceedings under this section. 2 8 3. A hearing in a contempt proceeding brought pursuant to 2 9 this section shall be held not less than five and not more 2 10 than fifteen days after the issuance of a rule to show cause, 2 11 as set by the court. 2 12 4. A person shall not be convicted of and held in contempt 2 13 for the same violation or attempted violation of an order or 2 14 court-approved consent agreement entered under this chapter 2 15 including the same violation or attempted violation of a valid 2 16 foreign protective order under section 236.19, subsection 3, 2 17 for the same violation or attempted violation of a temporary 2 18 or permanent protective order or order to vacate the homestead 2 19 under chapter 598, for a violation or attempted violation of 2 20 any order that establishes conditions of release or is a 2 21 protective order or sentencing order in a criminal prosecution 2 22 arising from a domestic abuse assault, or for a violation or 2 23 attempted violation of a protective order under chapter 232 or 2 24 for a violation or attempted violation of a statute in another 2 25 state substantially corresponding to the violations described 2 26 in this section. 2 27 5. For purposes of this section, "attempted violation" 2 28 means a person does any act by which the person expects to set 2 29 in motion a force or chain of events which will cause or 2 30 result in a violation of an order, court-approved consent 2 31 agreement, or protective order described in this section. 2 32 Sec. 3. Section 236.11, unnumbered paragraphs 1 through 3, 2 33 Code 2003, are amended to read as follows: 2 34 A peace officer shall use every reasonable means to enforce 2 35 an order or court-approved consent agreement entered under 3 1 this chapter, a temporary or permanent protective order or 3 2 order to vacate the homestead under chapter 598, an order that 3 3 establishes conditions of release or is a protective order or 3 4 sentencing order in a criminal prosecution arising from a 3 5 domestic abuse assault, or a protective order under chapter 3 6 232. If a peace officer has reason to believe that domestic 3 7 abuse has occurred, the peace officer shall ask the abused 3 8 person if any prior orders exist, and shall contact the 3 9 twenty-four hour dispatcher to inquire if any prior orders 3 10 exist. If a peace officer has probable cause to believe that 3 11 a person has violated or has attempted to violate an order or 3 12 approved consent agreement entered under this chapter, a 3 13 temporary or permanent protective order or order to vacate the 3 14 homestead under chapter 598, an order establishing conditions 3 15 of release or a protective or sentencing order in a criminal 3 16 prosecution arising from a domestic abuse assault, or, if the 3 17 person is an adult, a violation or attempted violation of a 3 18 protective order under chapter 232, the peace officer shall 3 19 take the person into custody and shall take the person without 3 20 unnecessary delay before the nearest or most accessible 3 21 magistrate in the judicial district in which the person was 3 22 taken into custody. The magistrate shall make an initial 3 23 preliminary determination whether there is probable cause to 3 24 believe that an order or consent agreement existed and that 3 25 the person taken into custody has violated or attempted to 3 26 violate its terms. The magistrate's decision shall be entered 3 27 in the record. 3 28 If a peace officer has probable cause to believe that a 3 29 person has violated or attempted to violate an order or 3 30 approved consent agreement entered under this chapter, a 3 31 temporary or permanent protective order or order to vacate the 3 32 homestead under chapter 598, an order establishing conditions 3 33 of release or a protective or sentencing order in a criminal 3 34 prosecution arising from a domestic abuse assault, or a 3 35 protective order under chapter 232, and the peace officer is 4 1 unable to take the person into custody within twenty-four 4 2 hours of making the probable cause determination, the peace 4 3 officer shall either request a magistrate to make a 4 4 determination as to whether a rule to show cause or arrest 4 5 warrant should be issued, or refer the matter to the county 4 6 attorney. 4 7 If the magistrate finds probable cause, the magistrate 4 8 shall order the person to appear either before the court which 4 9 issued the original order or approved the consent agreement, 4 10whichever was allegedly violatedor before the court in the 4 11 jurisdiction where the alleged violation or attempted 4 12 violation took place, at a specified time not less than five 4 13 days nor more than fifteen days after the initial appearance 4 14 under this section. The magistrate shall cause the original 4 15 court to be notified of the contents of the magistrate's 4 16 order. 4 17 EXPLANATION 4 18 This bill relates to protective orders filed under the 4 19 domestic abuse Act. 4 20 The bill eliminates the specification in standard pro se 4 21 protective order forms indicating that a plaintiff in a 4 22 domestic abuse action wishes to proceed pro se because the 4 23 plaintiff does not have sufficient funds to pay the filing and 4 24 service fees. 4 25 The bill provides that a person who attempts to violate a 4 26 court order or court-approved consent agreement entered 4 27 pursuant to Code chapter 236, Iowa's domestic abuse law; a 4 28 temporary or permanent protective order or order to vacate the 4 29 homestead under Code chapter 598, Iowa's dissolution of 4 30 marriage and domestic relations law; any order that 4 31 establishes conditions of release or is a protective order or 4 32 sentencing order in a criminal prosecution arising from a 4 33 domestic abuse assault; or a protective order issued under 4 34 Iowa's juvenile justice law commits a simple misdemeanor, or 4 35 the court may hold such a person in contempt of court. 5 1 Current law applies such penalties to persons who actually 5 2 violate the described orders and agreements. The bill further 5 3 provides a definition of "attempted violation" to mean a 5 4 person does any act by which the person expects to set in 5 5 motion a force or chain of events which will cause or result 5 6 in a violation of an order, court-approved consent agreement, 5 7 or protective order. A person convicted or held in contempt 5 8 for a violation of these provisions is required to serve a 5 9 jail sentence. A simple misdemeanor is punishable by 5 10 confinement for no more than 30 days and may include a fine of 5 11 at least $50 but not more than $500. Contempt of court is 5 12 punishable by confinement for no more than six months and may 5 13 include a fine of at least $500. 5 14 The bill specifies that if a magistrate finds probable 5 15 cause to believe that a person has violated or has attempted 5 16 to violate an order or approved consent agreement entered 5 17 under Code chapter 236, a temporary or permanent protective 5 18 order or order to vacate the homestead under Code chapter 598, 5 19 an order establishing conditions of release or a protective or 5 20 sentencing order in a criminal prosecution arising from a 5 21 domestic abuse assault, or a protective order under Code 5 22 chapter 232, the magistrate shall order the person to appear 5 23 either before the court which issued the original order or 5 24 approved the consent agreement, or before the court in the 5 25 jurisdiction where the alleged violation or attempted 5 26 violation occurred. 5 27 LSB 6545HC 80 5 28 rh/gg/14
Text: HSB00682 Text: HSB00684 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2004 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: Wed Feb 25 03:30:55 CST 2004
URL: /DOCS/GA/80GA/Legislation/HSB/00600/HSB00683/040224.html
jhf