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Senate File 254 - IntroducedA Bill ForAn Act 1relating to consent agreements for domestic abuse and
2sexual abuse protective orders.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.5, subsection 1, paragraph b,
2unnumbered paragraph 1, Code 2019, is amended to read as
3follows:
4The court may grant a protective order or approve a consent
5agreement which may contain but is not limited to any of the
6following provisions:
7 Sec. 2. Section 236.5, Code 2019, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 1A. The court may approve a consent
10agreement which may contain but is not limited to any of the
11provisions specified in subsection 1, paragraph “b”, without a
12finding the defendant has engaged in domestic abuse.
13 Sec. 3. Section 236A.7, subsection 1, unnumbered paragraph
141, Code 2019, is amended to read as follows:
15Upon a finding that the defendant has engaged in sexual
16abuse, the court may grant a protective order or approve a
17consent agreement which may contain but is not limited to any
18of the following provisions:
19 Sec. 4. Section 236A.7, Code 2019, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 1A. The court may approve a consent
22agreement without a finding that the defendant has engaged in
23sexual abuse, which may contain but is not limited to any of
24the provisions specified in subsection 1.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to consent agreements and domestic abuse
29and sexual abuse protective orders.
30Under current law, upon a finding of domestic abuse or sexual
31abuse, the court may approve a consent agreement or grant a
32protective order. The bill strikes the requirement that a
33finding of domestic abuse or sexual abuse must occur before the
34court approves a consent agreement.
35A consent agreement entered pursuant to Code section 236.5
-1-1(domestic abuse) may contain but is not limited to provisions
2that the defendant cease domestic abuse of the plaintiff;
3stay away from the plaintiff’s residence, school, or place of
4employment; not knowingly possess, ship, transport, or receive
5firearms, offensive weapons, and ammunition in violation of
6Code section 724.26; grant possession of the residence to
7the plaintiff to the exclusion of the defendant or that the
8defendant provide suitable alternate housing for the plaintiff;
9pay separate support and maintenance to the plaintiff and
10any children under 18 years of age; and avoid any contact
11with animals owned by the plaintiff, defendant, or minor
12child of the defendant. A consent agreement may also contain
13a provision relating to an award of temporary custody or
14temporary visitation rights with regard to any children under
1518 years of age.
16A consent agreement entered pursuant to Code section 236A.7
17(sexual abuse) may contain but is not limited to provisions
18that the defendant cease sexual abuse of the plaintiff and
19stay away from the plaintiff’s residence, school, or place of
20employment.
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2sexual abuse protective orders.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.5, subsection 1, paragraph b,
2unnumbered paragraph 1, Code 2019, is amended to read as
3follows:
4The court may grant a protective order or approve a consent
5agreement which may contain but is not limited to any of the
6following provisions:
7 Sec. 2. Section 236.5, Code 2019, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 1A. The court may approve a consent
10agreement which may contain but is not limited to any of the
11provisions specified in subsection 1, paragraph “b”, without a
12finding the defendant has engaged in domestic abuse.
13 Sec. 3. Section 236A.7, subsection 1, unnumbered paragraph
141, Code 2019, is amended to read as follows:
15Upon a finding that the defendant has engaged in sexual
16abuse, the court may grant a protective order or approve a
17consent agreement which may contain but is not limited to any
18of the following provisions:
19 Sec. 4. Section 236A.7, Code 2019, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 1A. The court may approve a consent
22agreement without a finding that the defendant has engaged in
23sexual abuse, which may contain but is not limited to any of
24the provisions specified in subsection 1.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to consent agreements and domestic abuse
29and sexual abuse protective orders.
30Under current law, upon a finding of domestic abuse or sexual
31abuse, the court may approve a consent agreement or grant a
32protective order. The bill strikes the requirement that a
33finding of domestic abuse or sexual abuse must occur before the
34court approves a consent agreement.
35A consent agreement entered pursuant to Code section 236.5
-1-1(domestic abuse) may contain but is not limited to provisions
2that the defendant cease domestic abuse of the plaintiff;
3stay away from the plaintiff’s residence, school, or place of
4employment; not knowingly possess, ship, transport, or receive
5firearms, offensive weapons, and ammunition in violation of
6Code section 724.26; grant possession of the residence to
7the plaintiff to the exclusion of the defendant or that the
8defendant provide suitable alternate housing for the plaintiff;
9pay separate support and maintenance to the plaintiff and
10any children under 18 years of age; and avoid any contact
11with animals owned by the plaintiff, defendant, or minor
12child of the defendant. A consent agreement may also contain
13a provision relating to an award of temporary custody or
14temporary visitation rights with regard to any children under
1518 years of age.
16A consent agreement entered pursuant to Code section 236A.7
17(sexual abuse) may contain but is not limited to provisions
18that the defendant cease sexual abuse of the plaintiff and
19stay away from the plaintiff’s residence, school, or place of
20employment.
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