House File 2214 - Introduced HOUSE FILE 2214 BY SALMON A BILL FOR An Act relating to hearings for temporary protective orders in 1 domestic abuse and sexual abuse cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5925YH (3) 87 hb/rh

H.F. 2214 Section 1. Section 236.4, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. Not less than five and not more than fifteen days after 3 commencing a proceeding and upon notice to the other party, 4 a hearing shall be held at which the plaintiff must prove 5 the allegation of domestic abuse by a preponderance of the 6 evidence. If a hearing is not held within the time period 7 specified, the petition shall be dismissed and the plaintiff 8 and the respondent shall be notified. 9 Sec. 2. Section 236.4, subsection 5, Code 2018, is amended 10 by striking the subsection. 11 Sec. 3. Section 236A.6, subsection 1, Code 2018, is amended 12 to read as follows: 13 1. Not less than five and not more than fifteen days after 14 commencing a proceeding and upon notice to the defendant, a 15 hearing shall be held at which the plaintiff must prove the 16 allegation of sexual abuse by a preponderance of the evidence. 17 If a hearing is not held within the time period specified, 18 the petition shall be dismissed and the plaintiff and the 19 respondent shall be notified. 20 Sec. 4. Section 236A.6, subsection 3, Code 2018, is amended 21 by striking the subsection. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to hearings for temporary protective 26 orders in domestic abuse and sexual abuse cases. 27 Under current law, a hearing for a temporary protective 28 order in a domestic abuse case or sexual abuse case is required 29 to be held not less than five and no more than 15 days after 30 the filing of a petition for a domestic abuse or sexual abuse 31 protective order. The bill provides that if a hearing is not 32 held within the time period specified, the petition shall 33 be dismissed and the plaintiff and the respondent shall be 34 notified. The bill strikes provisions in current Code that 35 -1- LSB 5925YH (3) 87 hb/rh 1/ 2

H.F. 2214 provide that if a hearing in either case is continued by the 1 court, the court may make or extend any temporary order that 2 it deems necessary. 3 -2- LSB 5925YH (3) 87 hb/rh 2/ 2