House File 817 - Introduced
HOUSE FILE
BY T. TAYLOR
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 harassment or stalking and
3 providing a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 3017YH 81
6 rh/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 708.11A HARASSMENT AND STALKING
1 2 == RESTRAINING ORDER.
1 3 1. A person, including a parent or guardian of a minor,
1 4 who is the victim of harassment or stalking may seek relief by
1 5 filing a petition in the district court. Venue shall lie
1 6 where either party resides. The petition must allege facts
1 7 sufficient to show the following:
1 8 a. The name of the alleged harassment or stalking victim.
1 9 b. The name of the respondent.
1 10 c. That the respondent has engaged in harassment or
1 11 stalking.
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 violation of section
1 20 708.7 or 708.11. The clerk of court, the sheriff of any
1 21 county in this state, and other law enforcement and
1 22 corrections officers shall perform their duties relating to
1 23 service of process without charge to the petitioner. The
1 24 court may direct a respondent to pay to the clerk of court the
1 25 fees for the filing of the petition and reasonable costs of
1 26 service of process if the court determines the respondent has
1 27 the ability to pay the petitioner's fees and costs.
1 28 3. a. The court may issue a temporary restraining order
1 29 ordering the respondent to cease or avoid the harassment or
1 30 the stalking of the petitioner or to have no contact with the
1 31 petitioner if the petitioner files a petition in compliance
1 32 with subsection 1 and if the court finds reasonable grounds to
1 33 believe that the respondent has engaged in harassment or
1 34 stalking.
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 harassment or stalking of the
2 17 petitioner or to have no contact with the petitioner if all of
2 18 the following 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 engaged
2 26 in harassment or stalking.
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 EXPLANATION
2 33 This bill relates to the issuance of a restraining order on
2 34 behalf of a person who is the victim of harassment or
2 35 stalking.
3 1 The bill provides that a person, including a parent or
3 2 guardian of a minor, who is the victim of harassment pursuant
3 3 to Code section 708.7 or stalking pursuant to Code section
3 4 708.11 may seek relief by filing a petition in the district
3 5 court, accompanied by an affidavit prepared under oath stating
3 6 the specific facts and circumstances from which relief is
3 7 sought. The filing fees for a restraining order under this
3 8 section shall be waived for the petitioner if the petition
3 9 alleges acts that would constitute a violation of Code section
3 10 708.7 or 708.11.
3 11 The bill provides that a court may issue a temporary
3 12 restraining order ordering the respondent to cease or avoid
3 13 the harassment or the stalking of the petitioner or to have no
3 14 contact with the petitioner if the petitioner files a petition
3 15 in compliance with provisions of the bill and if the court
3 16 finds reasonable grounds to believe that the respondent has
3 17 engaged in harassment or stalking. Upon hearing, the court
3 18 may grant a permanent restraining order ordering the
3 19 respondent to cease or avoid the harassment or stalking of the
3 20 petitioner or to have no contact with the petitioner if the
3 21 petitioner has filed a petition, proper notice of service has
3 22 occurred, including a copy of the temporary restraining order,
3 23 and the court finds at the hearing that there are reasonable
3 24 grounds to believe that the respondent has engaged in
3 25 harassment or stalking. Violation of a restraining or no=
3 26 contact order issued under the bill constitutes contempt of
3 27 court and may be punished by contempt proceedings. A person
3 28 held in contempt of court is subject to a fine and
3 29 imprisonment in a county jail.
3 30 LSB 3017YH 81
3 31 rh:rj/sh/8