House File 2246 - Introduced HOUSE FILE 2246 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 5926YH (2) 87 hb/rh
H.F. 2246 Section 1. Section 236.3, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. A temporary or emergency order shall be based on a 3 showing of a prima facie case of domestic abuse. If the 4 factual basis for the alleged domestic abuse is contested, the 5 court shall issue a protective order based upon a finding of 6 domestic abuse by a preponderance of the evidence beyond a 7 reasonable doubt . 8 Sec. 2. Section 236.4, subsection 1, Code 2018, is amended 9 to read as follows: 10 1. Not less than five and not more than fifteen days after 11 commencing a proceeding and upon notice to the other party, a 12 hearing shall be held at which the plaintiff must prove the 13 allegation of domestic abuse by a preponderance of the evidence 14 beyond a reasonable doubt . 15 Sec. 3. Section 236A.3, subsection 2, Code 2018, is amended 16 to read as follows: 17 2. A temporary or emergency order shall be based on a 18 showing of a prima facie case of sexual abuse. If the factual 19 basis for the alleged sexual abuse is contested, the court 20 shall issue a protective order based upon a finding of sexual 21 abuse by a preponderance of the evidence beyond a reasonable 22 doubt . 23 Sec. 4. Section 236A.6, subsection 1, Code 2018, is amended 24 to read as follows: 25 1. Not less than five and not more than fifteen days after 26 commencing a proceeding and upon notice to the defendant, a 27 hearing shall be held at which the plaintiff must prove the 28 allegation of sexual abuse by a preponderance of the evidence 29 beyond a reasonable doubt . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill amends the burden of proof a plaintiff must meet 34 during a hearing for a temporary order of protection in civil 35 -1- LSB 5926YH (2) 87 hb/rh 1/ 2
H.F. 2246 domestic abuse and sexual abuse cases. Current law requires a 1 plaintiff to prove an allegation of domestic abuse or sexual 2 abuse by a preponderance of the evidence. The bill amends 3 current law to require a plaintiff to prove an allegation of 4 domestic abuse or sexual abuse beyond a reasonable doubt. 5 -2- LSB 5926YH (2) 87 hb/rh 2/ 2