House File 2531 - Introduced
HOUSE FILE
BY SCHUELLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the issuance of a restraining order on behalf
2 of a person who is the victim of sexual assault and providing
3 a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6199YH 81
6 rh/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 709.18A SEXUAL ASSAULT ==
1 2 RESTRAINING ORDER.
1 3 1. A person who is the victim of sexual assault as defined
1 4 in section 915.40, including a parent or guardian of such a
1 5 person who is a minor, may seek relief by filing a petition in
1 6 the district court for a restraining order. Venue shall lie
1 7 where either party resides. The petition must allege facts
1 8 sufficient to show the following:
1 9 a. The name of the alleged sexual assault victim.
1 10 b. The name of the respondent.
1 11 c. That the respondent has committed a sexual assault.
1 12 The petition shall be accompanied by an affidavit prepared
1 13 under oath stating the specific facts and circumstances from
1 14 which relief is sought. The court shall provide standard
1 15 forms and clerical assistance to help with the writing and
1 16 filing of a petition under this section.
1 17 2. The filing fees for a restraining order under this
1 18 section shall be waived for the petitioner if the petition
1 19 alleges acts that would constitute a sexual assault as defined
1 20 in section 915.40. The clerk of the district court, the
1 21 sheriff of any county in this state, and other law enforcement
1 22 and corrections officers shall perform their duties relating
1 23 to service of process without charge to the petitioner. The
1 24 court may direct a respondent to pay to the clerk of the
1 25 district court the fees for the filing of the petition and
1 26 reasonable costs of service of process if the court determines
1 27 the respondent has the ability to pay the petitioner's fees
1 28 and costs.
1 29 3. a. The court may issue a temporary restraining order
1 30 ordering the respondent to cease or avoid the sexual assault
1 31 of the victim or to have no contact with the victim if the
1 32 petitioner files a petition in compliance with subsection 1
1 33 and if the court finds reasonable grounds to believe that the
1 34 respondent has committed a sexual assault against the victim.
1 35 b. Notice need not be given to the respondent before the
2 1 court issues a temporary restraining order under this
2 2 subsection. A copy of the temporary restraining order shall
2 3 be served on the respondent along with the petition and an
2 4 order for hearing.
2 5 c. The temporary restraining order shall be in effect
2 6 until a hearing is held on the issuance of the restraining
2 7 order pursuant to subsection 4. The court shall hold a
2 8 hearing on the issuance of a restraining order if the
2 9 petitioner requests a hearing. If a temporary restraining
2 10 order has been issued and the respondent requests a hearing,
2 11 the hearing shall be scheduled by the court upon receipt of
2 12 the respondent's request. A request for a hearing must be
2 13 made within forty=five days after the temporary restraining
2 14 order has been issued.
2 15 4. The court may grant a restraining order ordering the
2 16 respondent to cease or avoid the sexual assault of the victim
2 17 or to have no contact with the victim if all of the following
2 18 occur:
2 19 a. The petitioner has filed a petition.
2 20 b. The sheriff has served the respondent with a copy of
2 21 the temporary restraining order obtained pursuant to
2 22 subsection 3 and a notice of the right to request a hearing,
2 23 or service has been made by publication.
2 24 c. The court finds at the hearing that there are
2 25 reasonable grounds to believe that the respondent has
2 26 committed a sexual assault against the victim.
2 27 Relief granted by the restraining order shall be for a
2 28 period not to exceed two years.
2 29 5. Violation of a restraining or no=contact order issued
2 30 under this section constitutes contempt of court and may be
2 31 punished by contempt proceedings.
2 32 Sec. 2. Section 709.22, subsection 3, paragraph c,
2 33 unnumbered paragraph 1, Code Supplement 2005, is amended to
2 34 read as follows:
2 35 The right to seek a restraining order under section 709.18A
3 1 or a no=contact order under section 709.20 or 915.22, if your
3 2 attacker is arrested for sexual assault.
3 3 EXPLANATION
3 4 This bill relates to the issuance of a restraining order on
3 5 behalf of a person who is the victim of sexual assault.
3 6 The bill provides that a person, including a parent or
3 7 guardian of a minor, who is the victim of sexual assault as
3 8 defined in Code section 915.40, may seek relief by filing a
3 9 petition in the district court, accompanied by an affidavit
3 10 prepared under oath stating the specific facts and
3 11 circumstances from which relief is sought. The filing fees
3 12 for a restraining order under this section shall be waived for
3 13 the petitioner if the petition alleges acts that would
3 14 constitute a violation of Code section 915.40.
3 15 The bill provides that a court may issue a temporary
3 16 restraining order ordering the respondent to cease or avoid
3 17 the sexual assault of the victim or to have no contact with
3 18 the victim if the petitioner files a petition in compliance
3 19 with provisions of the bill and if the court finds reasonable
3 20 grounds to believe that the respondent has committed a sexual
3 21 assault. Upon hearing, the court may grant a permanent
3 22 restraining order ordering the respondent to cease or avoid
3 23 the sexual assault of the victim or to have no contact with
3 24 the victim if the petitioner has filed a petition, proper
3 25 notice of service has occurred, including a copy of the
3 26 temporary restraining order, and the court finds at the
3 27 hearing that there are reasonable grounds to believe that the
3 28 respondent has committed a sexual assault against the victim.
3 29 Violation of a restraining or no=contact order issued under
3 30 the bill constitutes contempt of court and may be punished by
3 31 contempt proceedings. A person held in contempt of court is
3 32 subject to a fine and imprisonment in a county jail.
3 33 The bill also provides that if a peace officer has reason
3 34 to believe a sexual assault has occurred, the officer shall
3 35 include information relating to the victim's right to seek a
4 1 restraining order pursuant to the bill.
4 2 "Sexual assault" means sexual abuse as defined in Code
4 3 section 709.1, or any other sexual offense by which a victim
4 4 has allegedly had sufficient contact with a convicted or an
4 5 alleged offender to be deemed a significant exposure.
4 6 "Significant exposure", as defined in Code section 915.40,
4 7 means contact of the victim's ruptured or broken skin or
4 8 mucous membranes with the blood or bodily fluids, other than
4 9 tears, saliva, or perspiration, of the convicted or alleged
4 10 offender.
4 11 LSB 6199YH 81
4 12 rh:rj/sh/8