Senate Study Bill 3039 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to the definition of domestic abuse in civil 1 domestic abuse and criminal domestic abuse assault cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5357XC (5) 85 rh/nh

S.F. _____ Section 1. Section 236.2, subsection 2, Code 2014, is 1 amended to read as follows: 2 2. “Domestic abuse” means committing assault as defined in 3 section 708.1 under any of the following circumstances: 4 a. The assault is between family or household members who 5 resided together at the time of the assault. 6 b. The assault is between separated spouses or persons 7 divorced from each other and not residing together at the time 8 of the assault. 9 c. The assault is between persons who are parents of the 10 same minor child, regardless of whether they have been married 11 or have lived together at any time. 12 d. The assault is between persons who have been family or 13 household members residing together within the past year at any 14 time and are not residing together at the time of the assault. 15 e. (1) The assault is between persons who are in an 16 intimate relationship or have been in an intimate relationship 17 and have had contact within the past year of the assault. In 18 determining whether persons are or have been in an intimate 19 relationship, the court may consider the following nonexclusive 20 list of factors: 21 (a) The duration of the relationship. 22 (b) The frequency of interaction. 23 (c) Whether the relationship has been terminated. 24 (d) The nature of the relationship, characterized by either 25 party’s expectation of sexual or romantic involvement. 26 (2) A person may be involved in an intimate relationship 27 with more than one person at a time. 28 Sec. 2. Section 236.5, subsection 2, Code 2014, is amended 29 to read as follows: 30 2. An order for counseling, a protective order, or approved 31 consent agreement shall be for a fixed period of time not to 32 exceed one year. The court may amend or extend its order or a 33 consent agreement at any time upon a petition filed by either 34 party and after notice and hearing. The court may extend the 35 -1- LSB 5357XC (5) 85 rh/nh 1/ 3

S.F. _____ order if the court, after hearing at which the defendant has 1 the opportunity to be heard, finds that the defendant continues 2 to pose a threat to the safety of the victim, persons residing 3 with the victim, or members of the victim’s immediate family. 4 At the time of the extension, the parties need not meet the 5 requirement in section 236.2, subsection 2 , paragraph “d” , 6 that the parties lived together during the last year if the 7 parties met the requirements of section 236.2, subsection 2 , 8 paragraph “d” , at the time of the original order. The number of 9 extensions that can be granted by the court is not limited. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 The bill amends Code section 236.2 relating to the 14 definition of domestic abuse for purposes of filing a civil 15 protective order under Code section 236.3 and for purposes of 16 domestic abuse assault cases under the criminal Code. 17 Current law defines domestic abuse for purposes of filing a 18 civil protective order to mean committing assault as defined 19 in Code section 708.1 if the assault is between family or 20 household members who resided together at the time of the 21 assault, the assault is between separated spouses or persons 22 divorced from each other and not residing together at the time 23 of the assault, the assault is between persons who are parents 24 of the same minor child, regardless of whether they have been 25 married or have lived together at any time, the assault is 26 between persons who have been family or household members 27 residing together within the past year and are not residing 28 together at the time of the assault, or the assault is between 29 persons who are in an intimate relationship or have been in an 30 intimate relationship and have had contact within the past year 31 of the assault. The bill eliminates any residency requirement 32 relating to an assault that occurred between persons who have 33 been family or household members and are not residing together 34 at the time of the assault. “Domestic abuse assault” under 35 -2- LSB 5357XC (5) 85 rh/nh 2/ 3

S.F. _____ Code section 708.2A incorporates this definition of domestic 1 abuse under Code section 236.2. 2 The bill makes a conforming change to Code section 236.5 3 (court dispositional orders upon a finding of domestic abuse 4 in a civil case). 5 -3- LSB 5357XC (5) 85 rh/nh 3/ 3