H.F. 136 Section 1. NEW SECTION . 233C.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Harassment” means any of the following: 4 a. A single incident of physical or sexual assault or 5 repeated incidents of intrusive or unwanted acts, words, or 6 gestures that have a substantial adverse effect or are intended 7 to have a substantial adverse effect on the safety, security, 8 or privacy of another person. 9 b. Targeted residential picketing. 10 c. A pattern of attending public events after being notified 11 that the person’s presence at the event is harassing to another 12 person. 13 2. “Minor” means an unmarried person who is under the age 14 of eighteen years. 15 3. “Relative” means a person related by consanguinity within 16 the second degree, a spouse, or a person related to a spouse 17 within the second degree, and includes a person in an adoptive 18 relationship within the second degree. 19 4. “Respondent” means a person alleged to have engaged in 20 harassment who is not a relative of the victim. 21 5. “Target residential picketing” means any of the following 22 acts when committed on more than one occasion: 23 a. Marching, standing, or patrolling by one or more persons 24 directed solely at a particular residential building in a 25 manner that adversely affects the safety, security, or privacy 26 of an occupant of the building. 27 b. Marching, standing, or patrolling by one or more persons 28 which prevents an occupant of a residential building from 29 gaining access to or exiting from the property on which the 30 residential building is located. 31 Sec. 2. NEW SECTION . 233C.2 Temporary restraining order —— 32 protective order. 33 1. The parent or legal guardian of a minor who is a victim 34 of harassment may seek, on behalf of the minor, a temporary 35 -1- LSB 1644YH (6) 86 jh/rj 1/ 7

H.F. 136 restraining order or a protective order against a respondent 1 from the court as provided in this section. 2 2. Upon petition, the court shall issue a temporary 3 restraining order prohibiting the harassment of a minor if 4 the court finds, from specific facts shown by affidavit or 5 by verified complaint, that there are reasonable grounds to 6 believe that harassment of the minor by the respondent exists 7 or that the order is necessary to prevent and restrain future 8 harassment. 9 a. A temporary restraining order may be issued under this 10 section without written or oral notice to the respondent or 11 the respondent’s attorney in a civil action under this section 12 if the court finds, upon written certification of facts, 13 that the notice should not be required and that there is a 14 reasonable probability that the petitioner bringing the action 15 will prevail on the merits. The temporary restraining order 16 shall set forth the reasons for the issuance of the order and 17 describe in reasonable detail the act or acts being restrained. 18 b. A temporary restraining order issued without notice 19 under this section shall be endorsed with the date and hour of 20 issuance and be filed immediately in the office of the clerk of 21 the district court issuing the order. A copy of the temporary 22 restraining order must be served on the respondent along with 23 a copy of the petition. 24 c. When a temporary restraining order is issued without 25 notice, the motion for a protective order shall be set down for 26 hearing at the earliest possible time and takes precedence over 27 all matters except older matters of the same character. If the 28 petitioner does not proceed with the petition for a protective 29 order when the motion is heard, the court shall dissolve the 30 temporary restraining order. 31 d. If, after two days’ notice to the respondent or after a 32 shorter notice as the court prescribes, the respondent appears 33 and moves to dissolve or modify the temporary restraining 34 order, the court shall proceed to hear and determine the motion 35 -2- LSB 1644YH (6) 86 jh/rj 2/ 7

H.F. 136 as expeditiously as possible. 1 3. Upon motion of the petitioner, the court shall issue 2 a protective order prohibiting the harassment of a minor by 3 the respondent if the court, after a hearing, finds by a 4 preponderance of the evidence that harassment of the minor by 5 the respondent exists or that the order is necessary to prevent 6 and restrain future harassment. 7 a. At the hearing, the respondent named in the petition has 8 the right to present evidence and cross-examine witnesses. 9 b. A protective order shall set forth the reasons for the 10 issuance of the order and describe in reasonable detail the act 11 or acts being restrained. 12 c. The court shall set the duration of the protective order 13 for the period the court determines is necessary to prevent the 14 harassment of the minor by the respondent, but the duration 15 shall not be set for a period in excess of one year from the 16 date of the issuance of the order. The petitioner, at any time 17 within ninety days before the expiration of the order, may 18 petition for a new protective order under this section. 19 4. In lieu of personal service of an order for protection 20 issued pursuant to this section, the sheriff of any county in 21 this state, and other law enforcement and corrections officers 22 may serve a respondent with a short-form notification pursuant 23 to section 664A.4A. 24 Sec. 3. NEW SECTION . 233C.3 Violation of a restraining 25 order or protective order. 26 Violation of a temporary restraining order or protective 27 order issued under this chapter shall be punished under section 28 664A.7. 29 Sec. 4. Section 562A.27A, subsection 3, paragraph a, 30 subparagraph (1), Code 2015, is amended to read as follows: 31 (1) The tenant seeks a protective order, restraining order, 32 order to vacate the homestead, or other similar relief pursuant 33 to chapter 233C, 235F , 236 , 598 , 664A , or 915 , or any other 34 applicable provision which would apply to the person conducting 35 -3- LSB 1644YH (6) 86 jh/rj 3/ 7

H.F. 136 the activities causing the clear and present danger. 1 Sec. 5. Section 562B.25A, subsection 3, paragraph a, 2 subparagraph (1), Code 2015, is amended to read as follows: 3 (1) The tenant seeks a protective order, restraining order, 4 order to vacate the homestead, or other similar relief pursuant 5 to chapter 233C, 235F , 236 , 598 , 664A , or 915 , or any other 6 applicable provision which would apply to the person conducting 7 the activities causing the clear and present danger. 8 Sec. 6. Section 602.8105, subsection 1, Code 2015, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . k. For filing and docketing a petition 11 pursuant to chapter 233C, fifty dollars. 12 Sec. 7. Section 664A.1, subsection 2, Code 2015, is amended 13 to read as follows: 14 2. “Protective order” means a protective order issued 15 pursuant to chapter 232 , a temporary restraining order or 16 protective order issued pursuant to chapter 233C, a court 17 order or court-approved consent agreement entered pursuant to 18 this chapter or chapter 235F , a court order or court-approved 19 consent agreement entered pursuant to chapter 236 , including a 20 valid foreign protective order under section 236.19, subsection 21 3 , a temporary or permanent protective order or order to vacate 22 the homestead under chapter 598 , or an order that establishes 23 conditions of release or is a protective order or sentencing 24 order in a criminal prosecution arising from a domestic abuse 25 assault under section 708.2A , or a civil injunction issued 26 pursuant to section 915.22 . 27 Sec. 8. Section 664A.2, subsection 2, Code 2015, is amended 28 to read as follows: 29 2. A protective order issued in a civil proceeding shall 30 be issued pursuant to chapter 232 , 233C, 235F , 236 , 598 , or 31 915 . Punishment for a violation of a protective order shall be 32 imposed pursuant to section 664A.7 . 33 Sec. 9. Section 664A.5, Code 2015, is amended to read as 34 follows: 35 -4- LSB 1644YH (6) 86 jh/rj 4/ 7

H.F. 136 664A.5 Modification —— entry of permanent no-contact order. 1 If a defendant is convicted of, receives a deferred judgment 2 for, or pleads guilty to a public offense referred to in 3 section 664A.2, subsection 1 , or is held in contempt for a 4 violation of a no-contact order issued under section 664A.3 5 or for a violation of a protective order issued pursuant to 6 chapter 232 , 233C, 235F , 236 , 598 , or 915 , the court shall 7 either terminate or modify the temporary no-contact order 8 issued by the magistrate. The court may enter a no-contact 9 order or continue the no-contact order already in effect for 10 a period of five years from the date the judgment is entered 11 or the deferred judgment is granted, regardless of whether the 12 defendant is placed on probation. 13 Sec. 10. Section 664A.7, subsections 1 and 5, Code 2015, are 14 amended to read as follows: 15 1. Violation of a no-contact order issued under this chapter 16 or a protective order issued pursuant to chapter 232 , 233C, 17 235F , 236 , or 598 , including a modified no-contact order, is 18 punishable by summary contempt proceedings. 19 5. Violation of a no-contact order entered for the offense 20 or alleged offense of domestic abuse assault in violation 21 of section 708.2A , or a violation of a protective order 22 issued pursuant to chapter 232 , 233C, 235F , 236 , 598 , or 915 23 constitutes a public offense and is punishable as a simple 24 misdemeanor. Alternatively, the court may hold a person 25 in contempt of court for such a violation, as provided in 26 subsection 3 . 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to temporary restraining orders and 31 protective orders for minors who are victims of harassment. 32 The bill defines “harassment” to include a single incident 33 of physical or sexual assault or repeated incidents of 34 intrusive or unwanted acts, words, or gestures that have 35 -5- LSB 1644YH (6) 86 jh/rj 5/ 7

H.F. 136 a substantial adverse effect or are intended to have a 1 substantial adverse effect on the safety, security, or privacy 2 of another person, targeted residential picketing, or a 3 pattern of attending public events after being notified that 4 the person’s presence at the event is harassing to another 5 person. “Target residential picketing” means, when committed 6 on more than one occasion, marching, standing, or patrolling 7 by one or more persons either directed solely at a particular 8 residential building in a manner that adversely affects the 9 safety, security, or privacy of an occupant of the building 10 or which prevents an occupant of a residential building from 11 gaining access to or exiting from the property on which the 12 residential building is located. 13 The bill provides that if a minor is a victim of harassment, 14 a minor’s parent or legal guardian may institute an action for 15 a temporary restraining order or protective order against the 16 person alleged to be harassing the minor, provided that such 17 person is not a relative of the minor. 18 The bill sets forth the procedure for filing a petition for 19 a temporary restraining order. A temporary restraining order 20 may be issued without notice to the alleged harasser, but when 21 issued without notice the motion for a protective order shall 22 be set down for hearing at the earliest possible time. 23 The bill sets forth the procedure for the petitioner to 24 file a motion for a protective order. At a hearing for a 25 protective order, the alleged harasser may present evidence and 26 cross-examine witnesses. A protective order is for a duration 27 set by the court not to exceed one year, but the petitioner 28 may apply for a new protective order within 90 days before the 29 expiration of an existing protective order. 30 The violation of a temporary restraining order or protective 31 order is a violation under Code section 664A.7. Under 32 Code section 664A.7, a respondent who violates a temporary 33 restraining order or a protective order is punished by summary 34 contempt proceedings, and if convicted or held in contempt the 35 -6- LSB 1644YH (6) 86 jh/rj 6/ 7

H.F. 136 respondent shall serve a jail sentence. For a violation of a 1 temporary restraining order or a protective order, Code section 2 664A.7 further provides that such a violation is a public 3 offense punishable as a simple misdemeanor. 4 The bill makes conforming changes in Code chapter 664A. 5 The bill provides under the landlord tenant law (Code 6 chapter 562A) and landlord and tenant law relating to 7 manufactured home communities or mobile home parks (Code 8 chapter 562B) that if activities presenting a clear and present 9 danger are being conducted by a person on the premises other 10 than a tenant, the tenant is not subject to termination and 11 notice to quit if the tenant seeks a protective order or 12 temporary restraining order to restrain the harassment of a 13 minor. 14 -7- LSB 1644YH (6) 86 jh/rj 7/ 7