236.4  Hearings--temporary orders.

1.  Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of domestic abuse by a preponderance of the evidence.

2.  The court may enter any temporary order it deems necessary to protect the plaintiff from domestic abuse prior to the hearing, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection.

3.  If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.

4.  Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.

5.  The court shall advise the defendant of a right to be represented by counsel of the defendant's choosing and to have a continuance to secure counsel.

6.  Hearings shall be recorded.

Section History: Early form

  [C81, § 236.4]

Section History: Recent form

  93 Acts, ch 157, §3

Internal References

  Referred to in § 232.8, 236.6, 602.8108, 915.50


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