HF 2353 (LSB 5520YH (2) 89)

HOUSE FILE 2353

BY  BODEN

A BILL FOR

An Act relating to an emergency temporary no-contact order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  664A.3A  Emergency temporary no- contact order.
   1.  Notwithstanding section 664A.3A, a court may issue an emergency temporary no-contact order prior to the arrest of a person for an alleged violation of a public offense referred to in section 664A.2, subsection 1.
   2.  A person alleging to be a victim of a public offense referred to in section 664A.2, subsection 1, may file an application for an emergency temporary no-contact order which shall include the following:
   a.  The name and mailing address of the person making the application.
   b.  The name and address, if known, of the person alleged to have violated a public offense referred to in section 664A.2, subsection 1.
   c.  The nature of the alleged violation.
   3.  The court shall enter an emergency temporary no-contact order if the court finds both of the following:
   a.  Probable cause exists to believe that any public offense referred to in section 664A.2, subsection 1, has occurred.
   b.  The presence of or contact with the person alleged to have violated a public offense referred to in section 664A.2, subsection 1, poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
   4.  The emergency temporary no-contact order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the act or acts being restrained.
   5.  An emergency temporary no-contact order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed immediately in the office of the clerk of the district court issuing the order, and shall expire at such time as the court directs, not to exceed ten days from issuance.
   6.  If no criminal charge has been filed against the person alleged to have violated a public offense referred to in section 664A.2, subsection 1, prior to the expiration of the emergency temporary no-contact order, the emergency temporary no-contact order shall expire.
   7.  If a criminal charge has been filed against the person alleged to have violated a public offense referred to in section 664A.2, subsection 1, prior to the expiration of the emergency temporary no-contact order, the court shall proceed as provided in section 664A.3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to an emergency temporary no-contact order.
   The bill provides that notwithstanding Code section 664A.3A (entry of temporary no-contact order), a court may issue an emergency temporary no-contact order prior to the arrest of a person for an alleged violation of: domestic abuse assault (Code section 708.2A), harassment (Code section 708.7), stalking (Code section 708.11), sexual abuse in the first degree (Code section 709.2), sexual abuse in the second degree (Code section 709.3), sexual abuse in the third degree (Code section 709.4), and any other public offense for which there is a victim.
   The bill provides that a person alleging to be a victim of a public offense referred to in Code section 664A.2(1) may file an application for an emergency temporary no-contact order which shall include the name and mailing address of the person making the application; the name and address, if known, of the person alleged to have violated a public offense referred to in Code section 664A.2(1); and the nature of the alleged violation. The court shall enter an emergency temporary no- contact order if the court finds probable cause exists to believe that any public offense referred to in Code section 664A.2(1) has occurred; and the presence of or contact with the person alleged to have violated a public offense referred to in Code section 664A.2(1) poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
   The bill provides that the emergency temporary no-contact order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the act or acts being restrained. An emergency temporary no-contact order issued without notice shall be endorsed with the date and hour of issuance and be filed immediately in the office of the clerk of the district court issuing the order, and shall expire at such time as the court directs, not to exceed 10 days from issuance.
   The bill provides that if no criminal charge has been filed against the person alleged to have violated a public offense referred to in Code section 664A.2(1) prior to the expiration of the emergency temporary no-contact order, the emergency temporary no-contact order shall expire. If a criminal charge has been filed against the person alleged to have violated a public offense referred to in Code section 664A.2(1) prior to the expiration of the emergency temporary no-contact order, the court shall proceed as provided in Code section 664A.3.