Senate File 2095 - Introduced SENATE FILE BY BOLKCOM Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to domestic abuse protective orders and animals 2 owned or held by a petitioner, respondent, or minor child of 3 the petitioner or respondent in domestic abuse cases. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5137XS 82 6 rh/nh/5 PAG LIN 1 1 Section 1. Section 236.3, subsection 6, Code 2007, is 1 2 amended to read as follows: 1 3 6. Name and age of each child under eighteen whose welfare 1 4 may be affected by the controversy. The petition may also 1 5 state any animal owned, possessed, leased, kept, or held by 1 6 the petitioner, respondent, or minor child of the petitioner 1 7 or respondent whose welfare may be affected by the 1 8 controversy. 1 9 Sec. 2. Section 236.4, subsection 2, Code 2007, is amended 1 10 to read as follows: 1 11 2. a. The court may enter any temporary order it deems 1 12 necessary to protect the plaintiff from domestic abuse prior 1 13 to the hearing, upon good cause shown in an ex parte 1 14 proceeding. Present danger of domestic abuse to the plaintiff 1 15 constitutes good cause for purposes of this subsection. 1 16 b. The court may include in the temporary order issued 1 17 pursuant to this subsection a grant to the petitioner of the 1 18 exclusive care, possession, or control of any animal owned, 1 19 possessed, leased, kept, or held by the petitioner, 1 20 respondent, or minor child of the petitioner or respondent. 1 21 The court may order the respondent to stay away from the 1 22 animal and forbid the respondent from taking, transferring, 1 23 encumbering, concealing, molesting, attacking, striking, 1 24 threatening, harming, or otherwise disposing of the animal. 1 25 Sec. 3. Section 236.5, subsection 2, Code 2007, is amended 1 26 by adding the following new paragraph: 1 27 NEW PARAGRAPH. f. The court may include in an order 1 28 issued pursuant to this section a grant to the petitioner of 1 29 the exclusive care, possession, or control of any animal 1 30 owned, possessed, leased, kept, or held by the petitioner, 1 31 respondent, or minor child of the petitioner or respondent. 1 32 The court may order the respondent to stay away from the 1 33 animal and forbid the respondent from taking, transferring, 1 34 encumbering, concealing, molesting, attacking, striking, 1 35 threatening, harming, or otherwise disposing of the animal. 2 1 EXPLANATION 2 2 This bill relates to domestic abuse protective orders and 2 3 animals owned or held by a petitioner, respondent, or minor 2 4 child of the petitioner or respondent in domestic abuse cases. 2 5 The bill provides that a person who files a petition for 2 6 relief from domestic abuse pursuant to Code section 236.3 may 2 7 include any animal owned, possessed, leased, kept, or held by 2 8 the petitioner, respondent, or minor child of the petitioner 2 9 or respondent whose welfare may be affected by domestic abuse. 2 10 The bill further provides the court may include in both 2 11 temporary and permanent orders issued a grant to the 2 12 petitioner of the exclusive care, possession, or control of 2 13 any animal owned, possessed, leased, kept, or held by either 2 14 the petitioner, respondent, or minor child of the petitioner 2 15 or respondent. The court may order the respondent to stay 2 16 away from the animal and forbid the respondent from taking, 2 17 transferring, encumbering, concealing, molesting, attacking, 2 18 striking, threatening, harming, or otherwise disposing of the 2 19 animal. 2 20 LSB 5137XS 82 2 21 rh/nh/5