Senate Study Bill 3109 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN) A BILL FOR An Act relating to the issuance of a protective order or 1 approval of a consent agreement in a domestic abuse case and 2 providing for a study. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5840SC (3) 83 rh/rj

S.F. _____ Section 1. Section 236.5, subsection 2, Code Supplement 1 2009, is amended to read as follows: 2 2. a. An order for counseling, a protective 3 order, or approved consent agreement shall be for a 4 fixed three-year period of time not to exceed one year . The 5 During the three-year period, the court may amend or extend 6 terminate its order or a consent agreement at any time after 7 one year from the issuance of the order or approval of the 8 consent agreement upon a petition filed by either party the 9 defendant and after notice and hearing. In such a case, the 10 defendant has the burden of proving the defendant no longer 11 poses a threat to the safety of the victim, persons residing 12 with the victim, or members of the victim’s family. 13 b. After the three-year period, the court may extend 14 and amend its order or a consent agreement at any time upon 15 the filing of a petition by either party and after notice 16 and hearing. The court may extend the and amend its order 17 if the court, after hearing at which the defendant has the 18 opportunity to be heard, finds that the defendant continues to 19 pose a threat to the safety of the victim, persons residing 20 with the victim, or members of the victim’s immediate family. 21 At the time of the extension, the parties need not meet the 22 requirement in section 236.2, subsection 2, paragraph “d” , 23 that the parties lived together during the last year if the 24 parties met the requirements of section 236.2, subsection 2, 25 paragraph “d” , at the time of the original order. The number of 26 extensions that can be granted by the court is not limited. 27 Sec. 2. DOMESTIC ABUSE LEGISLATIVE INTERIM STUDY —— 28 PROTECTIVE ORDERS. The legislative council is requested to 29 establish an interim committee to study issues relating to 30 domestic abuse and the issuance and enforcement of protective 31 orders. The interim committee shall submit a report of its 32 findings and recommendations to the general assembly not later 33 than January 1, 2011. 34 -1- LSB 5840SC (3) 83 rh/rj 1/ 2

S.F. _____ EXPLANATION 1 This bill relates to the issuance of an order or consent 2 agreement in a domestic abuse case and provides for a study. 3 The bill extends the period of time that a court may issue 4 an order for counseling, a protective order, or an approved 5 consent agreement from one year to three years upon a finding 6 that a defendant has engaged in domestic abuse. During the 7 three-year period, the court may terminate the order or consent 8 agreement at any time after one year from the issuance of 9 the order or consent agreement upon a petition filed by the 10 defendant and after notice and hearing. In such a case, the 11 defendant has the burden of proving the defendant no longer 12 poses a threat to the safety of the victim, persons residing 13 with the victim, or members of the victim’s family. After the 14 three-year period, the court may extend and amend its order or 15 a consent agreement at any time upon petition filed by either 16 party and after notice and hearing. 17 Current law provides that upon a finding that a defendant 18 has engaged in domestic abuse, an order for counseling, a 19 protective order, or an approved consent agreement shall be 20 issued by the court for up to one year and the court may amend 21 or extend the order or consent agreement at any time upon 22 petition by either party. 23 The bill requests the legislative council to establish an 24 interim committee to study issues relating to domestic abuse 25 and the issuance and enforcement of protective orders. The 26 interim committee shall submit a report of its findings and 27 recommendations to the general assembly not later than January 28 1, 2011. 29 -2- LSB 5840SC (3) 83 rh/rj 2/ 2