Senate File 2192 - Introduced
SENATE FILE
BY BEALL, KREIMAN, HORN,
TINSMAN, HATCH, DANIELSON,
DOTZLER, DVORSKY, WOOD, SENG,
DEARDEN, SCHOENJAHN, FRAISE,
COURTNEY, QUIRMBACH, GRONSTAL,
KIBBIE, BLACK, BOLKCOM, CONNOLLY,
STEWART, RAGAN, and ZAUN
(COMPANION TO HF 817
BY T. TAYLOR)
Passed Senate, Date Passed House, 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 5953SS 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 5953SS 81
3 31 rh:rj/sh/8