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
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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
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LSB
5926YH
(2)
87
hb/rh
2/
2