House File 621 - Introduced



                                       HOUSE FILE       
                                       BY  HORBACH


    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 protection order or approval
  2    of a consent agreement in a domestic abuse case.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1932YH 82
  5 rh/es/88

PAG LIN



  1  1    Section 1.  Section 236.5, subsection 2, unnumbered
  1  2 paragraph 2, Code 2007, is amended to read as follows:
  1  3    An order for counseling, a protection order, or approved
  1  4 consent agreement shall be for a fixed three=year period of
  1  5 time not to exceed one year.  The During the three=year
  1  6 period, the court may amend or extend terminate its order or a
  1  7 consent agreement at any time after one year from the issuance
  1  8 of the order or approval of the consent agreement upon a
  1  9 petition filed by either party the defendant and after notice
  1 10 and hearing.  In such a case, the defendant has the burden of
  1 11 proving the defendant no longer poses a threat to the safety
  1 12 of the victim, persons residing with the victim, or members of
  1 13 the victim's family.  After the three=year period, the court
  1 14 may amend or extend its order or a consent agreement at any
  1 15 time upon petition filed by either party and after notice and
  1 16 hearing.  The court may extend the order if the court, after
  1 17 hearing at which the defendant has the opportunity to be
  1 18 heard, finds that the defendant continues to pose a threat to
  1 19 the safety of the victim, persons residing with the victim, or
  1 20 members of the victim's immediate family.  At the time of the
  1 21 extension, the parties need not meet the requirement in
  1 22 section 236.2, subsection 2, paragraph "d", that the parties
  1 23 lived together during the last year if the parties met the
  1 24 requirements of section 236.2, subsection 2, paragraph "d", at
  1 25 the time of the original order.  The number of extensions that
  1 26 can be granted by the court is not limited.
  1 27                           EXPLANATION
  1 28    The bill relates to the issuance of an order or consent
  1 29 agreement in a domestic abuse case.
  1 30    The bill provides that upon a finding that a defendant has
  1 31 engaged in domestic abuse, the court shall issue an order for
  1 32 counseling, a protection order, or approved consent agreement
  1 33 for a three=year period.  During the three=year period, the
  1 34 court may terminate the order or consent agreement at any time
  1 35 after one year from the issuance of the order or consent
  2  1 agreement upon a petition filed by the defendant and after
  2  2 notice and hearing.  In such a case, the defendant has the
  2  3 burden of proving the defendant no longer poses a threat to
  2  4 the safety of the victim, persons residing with the victim, or
  2  5 members of the victim's family.  After the three=year period,
  2  6 the court may amend or extend its order or a consent agreement
  2  7 at any time upon petition filed by either party and after
  2  8 notice and hearing.  Current law provides that upon a finding
  2  9 that a defendant has engaged in domestic abuse, an order for
  2 10 counseling, a protection order, or an approved consent
  2 11 agreement shall be issued by the court for up to one year and
  2 12 the court may amend or extend the order or consent agreement
  2 13 at any time upon petition by either party.
  2 14 LSB 1932YH 82
  2 15 rh:rj/es/88.1