H.F. 2353 Section 1. NEW SECTION . 664A.3A Emergency temporary no- 1 contact order. 2 1. Notwithstanding section 664A.3A, a court may issue an 3 emergency temporary no-contact order prior to the arrest of a 4 person for an alleged violation of a public offense referred to 5 in section 664A.2, subsection 1. 6 2. A person alleging to be a victim of a public offense 7 referred to in section 664A.2, subsection 1, may file an 8 application for an emergency temporary no-contact order which 9 shall include the following: 10 a. The name and mailing address of the person making the 11 application. 12 b. The name and address, if known, of the person alleged to 13 have violated a public offense referred to in section 664A.2, 14 subsection 1. 15 c. The nature of the alleged violation. 16 3. The court shall enter an emergency temporary no-contact 17 order if the court finds both of the following: 18 a. Probable cause exists to believe that any public offense 19 referred to in section 664A.2, subsection 1, has occurred. 20 b. The presence of or contact with the person alleged to 21 have violated a public offense referred to in section 664A.2, 22 subsection 1, poses a threat to the safety of the alleged 23 victim, persons residing with the alleged victim, or members 24 of the alleged victim’s family. 25 4. The emergency temporary no-contact order shall set forth 26 the reasons for the issuance of the order, be specific in 27 terms, and describe in reasonable detail the act or acts being 28 restrained. 29 5. An emergency temporary no-contact order issued without 30 notice under this section shall be endorsed with the date and 31 hour of issuance and be filed immediately in the office of the 32 clerk of the district court issuing the order, and shall expire 33 at such time as the court directs, not to exceed ten days from 34 issuance. 35 -1- LSB 5520YH (2) 89 as/rh 1/ 3

H.F. 2353 6. If no criminal charge has been filed against the person 1 alleged to have violated a public offense referred to in 2 section 664A.2, subsection 1, prior to the expiration of the 3 emergency temporary no-contact order, the emergency temporary 4 no-contact order shall expire. 5 7. If a criminal charge has been filed against the person 6 alleged to have violated a public offense referred to in 7 section 664A.2, subsection 1, prior to the expiration of the 8 emergency temporary no-contact order, the court shall proceed 9 as provided in section 664A.3. 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 This bill relates to an emergency temporary no-contact 14 order. 15 The bill provides that notwithstanding Code section 664A.3A 16 (entry of temporary no-contact order), a court may issue an 17 emergency temporary no-contact order prior to the arrest of a 18 person for an alleged violation of: domestic abuse assault 19 (Code section 708.2A), harassment (Code section 708.7), 20 stalking (Code section 708.11), sexual abuse in the first 21 degree (Code section 709.2), sexual abuse in the second degree 22 (Code section 709.3), sexual abuse in the third degree (Code 23 section 709.4), and any other public offense for which there 24 is a victim. 25 The bill provides that a person alleging to be a victim of a 26 public offense referred to in Code section 664A.2(1) may file 27 an application for an emergency temporary no-contact order 28 which shall include the name and mailing address of the person 29 making the application; the name and address, if known, of 30 the person alleged to have violated a public offense referred 31 to in Code section 664A.2(1); and the nature of the alleged 32 violation. The court shall enter an emergency temporary no- 33 contact order if the court finds probable cause exists to 34 believe that any public offense referred to in Code section 35 -2- LSB 5520YH (2) 89 as/rh 2/ 3

H.F. 2353 664A.2(1) has occurred; and the presence of or contact with the 1 person alleged to have violated a public offense referred to 2 in Code section 664A.2(1) poses a threat to the safety of the 3 alleged victim, persons residing with the alleged victim, or 4 members of the alleged victim’s family. 5 The bill provides that the emergency temporary no-contact 6 order shall set forth the reasons for the issuance of the 7 order, be specific in terms, and describe in reasonable detail 8 the act or acts being restrained. An emergency temporary 9 no-contact order issued without notice shall be endorsed with 10 the date and hour of issuance and be filed immediately in the 11 office of the clerk of the district court issuing the order, 12 and shall expire at such time as the court directs, not to 13 exceed 10 days from issuance. 14 The bill provides that if no criminal charge has been filed 15 against the person alleged to have violated a public offense 16 referred to in Code section 664A.2(1) prior to the expiration 17 of the emergency temporary no-contact order, the emergency 18 temporary no-contact order shall expire. If a criminal charge 19 has been filed against the person alleged to have violated a 20 public offense referred to in Code section 664A.2(1) prior to 21 the expiration of the emergency temporary no-contact order, the 22 court shall proceed as provided in Code section 664A.3. 23 -3- LSB 5520YH (2) 89 as/rh 3/ 3