House File 243 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to a violation or attempted violation of a court
2 order, a court=approved consent agreement, or a protective
3 order under the Iowa domestic abuse Act.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2113HH 81
6 rh/sh/8
PAG LIN
1 1 Section 1. Section 236.8, Code 2005, is amended to read as
1 2 follows:
1 3 236.8 VIOLATION OF ORDER == CONTEMPT == PENALTIES ==
1 4 HEARINGS.
1 5 1. A person commits a simple misdemeanor or the court may
1 6 hold a person in contempt for a violation or attempted
1 7 violation of an order or court=approved consent agreement
1 8 entered under this chapter, including a violation of a valid
1 9 foreign protective order under section 236.19, subsection 3,
1 10 for a violation or attempted violation of a temporary or
1 11 permanent protective order or order to vacate the homestead
1 12 under chapter 598, for a violation or attempted violation of
1 13 any order that establishes conditions of release or is a
1 14 protective order or sentencing order in a criminal prosecution
1 15 arising from a domestic abuse assault, or for a violation or
1 16 attempted violation by an adult of a protective order under
1 17 chapter 232, or for a violation or attempted violation of a
1 18 statute in another state substantially corresponding to the
1 19 violations described in this subsection.
1 20 2. If convicted or held in contempt for a violation or
1 21 attempted violation of an order or agreement described in this
1 22 section, the defendant shall serve a jail sentence. Any jail
1 23 sentence of more than one day imposed under this section shall
1 24 be served on consecutive days. A defendant who is held in
1 25 contempt or convicted may be ordered by the court to pay the
1 26 plaintiff's attorney fees and court costs incurred in the
1 27 proceedings under this section.
1 28 3. A hearing in a contempt proceeding brought pursuant to
1 29 this section shall be held not less than five and not more
1 30 than fifteen days after the issuance of a rule to show cause,
1 31 as set by the court.
1 32 4. A person shall not be convicted of and held in contempt
1 33 for the same violation or attempted violation of an order or
1 34 court=approved consent agreement entered under this chapter
1 35 including the same violation or attempted violation of a valid
2 1 foreign protective order under section 236.19, subsection 3,
2 2 for the same violation or attempted violation of a temporary
2 3 or permanent protective order or order to vacate the homestead
2 4 under chapter 598, for a violation or attempted violation of
2 5 any order that establishes conditions of release or is a
2 6 protective order or sentencing order in a criminal prosecution
2 7 arising from a domestic abuse assault, or for a violation or
2 8 attempted violation of a protective order under chapter 232 or
2 9 for a violation or attempted violation of a statute in another
2 10 state substantially corresponding to the violations described
2 11 in this section.
2 12 5. For purposes of this section, "attempted violation"
2 13 means a person does any act by which the person expects to set
2 14 in motion a force or chain of events which will cause or
2 15 result in a violation of an order, court=approved consent
2 16 agreement, or protective order described in this section.
2 17 EXPLANATION
2 18 This bill relates to a violation or attempted violation of
2 19 a court order, court=approved consent agreement, or protective
2 20 order under the Iowa domestic abuse Act.
2 21 The bill provides that a person who attempts to violate a
2 22 court order or court=approved consent agreement entered
2 23 pursuant to Code chapter 236, Iowa's domestic abuse law; a
2 24 temporary or permanent protective order or order to vacate the
2 25 homestead under Code chapter 598, Iowa's dissolution of
2 26 marriage and domestic relations law; any order that
2 27 establishes conditions of release or is a protective order or
2 28 sentencing order in a criminal prosecution arising from a
2 29 domestic abuse assault; or a protective order issued under
2 30 Iowa's juvenile justice law commits a simple misdemeanor, or
2 31 the court may hold such a person in contempt of court.
2 32 Current law applies such penalties to persons who actually
2 33 violate the described orders and agreements.
2 34 The bill further provides a definition of "attempted
2 35 violation" to mean a person does any act by which the person
3 1 expects to set in motion a force or chain of events which will
3 2 cause or result in a violation of an order, court=approved
3 3 consent agreement, or protective order.
3 4 A person convicted or held in contempt for a violation of
3 5 this bill is required to serve a jail sentence. A simple
3 6 misdemeanor is punishable by confinement for no more than 30
3 7 days and may include a fine of at least $50 but not more than
3 8 $500. Contempt of court is punishable by confinement for no
3 9 more than six months and may include a fine of at least $500.
3 10 LSB 2113HH 81
3 11 rh:nh/sh/8