Bill Text: IA HF136 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to temporary restraining orders and protective orders for certain minors.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-02-05 - Subcommittee, Branhagen, Baxter, and Dawson. H.J. 275. [HF136 Detail]

Download: Iowa-2015-HF136-Introduced.html
House File 136 - Introduced




                                 HOUSE FILE       
                                 BY  FISHER

                                      A BILL FOR

  1 An Act relating to temporary restraining orders and protective
  2    orders for certain minors.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1644YH (6) 86
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PAG LIN



  1  1    Section 1.  NEW SECTION.  233C.1  Definitions.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Harassment" means any of the following:
  1  5    a.  A single incident of physical or sexual assault or
  1  6 repeated incidents of intrusive or unwanted acts, words, or
  1  7 gestures that have a substantial adverse effect or are intended
  1  8 to have a substantial adverse effect on the safety, security,
  1  9 or privacy of another person.
  1 10    b.  Targeted residential picketing.
  1 11    c.  A pattern of attending public events after being notified
  1 12 that the person's presence at the event is harassing to another
  1 13 person.
  1 14    2.  "Minor" means an unmarried person who is under the age
  1 15 of eighteen years.
  1 16    3.  "Relative" means a person related by consanguinity within
  1 17 the second degree, a spouse, or a person related to a spouse
  1 18 within the second degree, and includes a person in an adoptive
  1 19 relationship within the second degree.
  1 20    4.  "Respondent" means a person alleged to have engaged in
  1 21 harassment who is not a relative of the victim.
  1 22    5.  "Target residential picketing" means any of the following
  1 23 acts when committed on more than one occasion:
  1 24    a.  Marching, standing, or patrolling by one or more persons
  1 25 directed solely at a particular residential building in a
  1 26 manner that adversely affects the safety, security, or privacy
  1 27 of an occupant of the building.
  1 28    b.  Marching, standing, or patrolling by one or more persons
  1 29 which prevents an occupant of a residential building from
  1 30 gaining access to or exiting from the property on which the
  1 31 residential building is located.
  1 32    Sec. 2.  NEW SECTION.  233C.2  Temporary restraining order ==
  1 33 protective order.
  1 34    1.  The parent or legal guardian of a minor who is a victim
  1 35 of harassment may seek, on behalf of the minor, a temporary
  2  1 restraining order or a protective order against a respondent
  2  2 from the court as provided in this section.
  2  3    2.  Upon petition, the court shall issue a temporary
  2  4 restraining order prohibiting the harassment of a minor if
  2  5 the court finds, from specific facts shown by affidavit or
  2  6 by verified complaint, that there are reasonable grounds to
  2  7 believe that harassment of the minor by the respondent exists
  2  8 or that the order is necessary to prevent and restrain future
  2  9 harassment.
  2 10    a.  A temporary restraining order may be issued under this
  2 11 section without written or oral notice to the respondent or
  2 12 the respondent's attorney in a civil action under this section
  2 13 if the court finds, upon written certification of facts,
  2 14 that the notice should not be required and that there is a
  2 15 reasonable probability that the petitioner bringing the action
  2 16 will prevail on the merits. The temporary restraining order
  2 17 shall set forth the reasons for the issuance of the order and
  2 18 describe in reasonable detail the act or acts being restrained.
  2 19    b.  A temporary restraining order issued without notice
  2 20 under this section shall be endorsed with the date and hour of
  2 21 issuance and be filed immediately in the office of the clerk of
  2 22 the district court issuing the order. A copy of the temporary
  2 23 restraining order must be served on the respondent along with
  2 24 a copy of the petition.
  2 25    c.  When a temporary restraining order is issued without
  2 26 notice, the motion for a protective order shall be set down for
  2 27 hearing at the earliest possible time and takes precedence over
  2 28 all matters except older matters of the same character. If the
  2 29 petitioner does not proceed with the petition for a protective
  2 30 order when the motion is heard, the court shall dissolve the
  2 31 temporary restraining order.
  2 32    d.  If, after two days' notice to the respondent or after a
  2 33 shorter notice as the court prescribes, the respondent appears
  2 34 and moves to dissolve or modify the temporary restraining
  2 35 order, the court shall proceed to hear and determine the motion
  3  1 as expeditiously as possible.
  3  2    3.  Upon motion of the petitioner, the court shall issue
  3  3 a protective order prohibiting the harassment of a minor by
  3  4 the respondent if the court, after a hearing, finds by a
  3  5 preponderance of the evidence that harassment of the minor by
  3  6 the respondent exists or that the order is necessary to prevent
  3  7 and restrain future harassment.
  3  8    a.  At the hearing, the respondent named in the petition has
  3  9 the right to present evidence and cross=examine witnesses.
  3 10    b.  A protective order shall set forth the reasons for the
  3 11 issuance of the order and describe in reasonable detail the act
  3 12 or acts being restrained.
  3 13    c.  The court shall set the duration of the protective order
  3 14 for the period the court determines is necessary to prevent the
  3 15 harassment of the minor by the respondent, but the duration
  3 16 shall not be set for a period in excess of one year from the
  3 17 date of the issuance of the order. The petitioner, at any time
  3 18 within ninety days before the expiration of the order, may
  3 19 petition for a new protective order under this section.
  3 20    4.  In lieu of personal service of an order for protection
  3 21 issued pursuant to this section, the sheriff of any county in
  3 22 this state, and other law enforcement and corrections officers
  3 23 may serve a respondent with a short=form notification pursuant
  3 24 to section 664A.4A.
  3 25    Sec. 3.  NEW SECTION.  233C.3  Violation of a restraining
  3 26 order or protective order.
  3 27    Violation of a temporary restraining order or protective
  3 28 order issued under this chapter shall be punished under section
  3 29 664A.7.
  3 30    Sec. 4.  Section 562A.27A, subsection 3, paragraph a,
  3 31 subparagraph (1), Code 2015, is amended to read as follows:
  3 32    (1)  The tenant seeks a protective order, restraining order,
  3 33 order to vacate the homestead, or other similar relief pursuant
  3 34 to chapter 233C, 235F, 236, 598, 664A, or 915, or any other
  3 35 applicable provision which would apply to the person conducting
  4  1 the activities causing the clear and present danger.
  4  2    Sec. 5.  Section 562B.25A, subsection 3, paragraph a,
  4  3 subparagraph (1), Code 2015, is amended to read as follows:
  4  4    (1)  The tenant seeks a protective order, restraining order,
  4  5 order to vacate the homestead, or other similar relief pursuant
  4  6 to chapter 233C, 235F, 236, 598, 664A, or 915, or any other
  4  7 applicable provision which would apply to the person conducting
  4  8 the activities causing the clear and present danger.
  4  9    Sec. 6.  Section 602.8105, subsection 1, Code 2015, is
  4 10 amended by adding the following new paragraph:
  4 11    NEW PARAGRAPH.  k.  For filing and docketing a petition
  4 12 pursuant to chapter 233C, fifty dollars.
  4 13    Sec. 7.  Section 664A.1, subsection 2, Code 2015, is amended
  4 14 to read as follows:
  4 15    2.  "Protective order" means a protective order issued
  4 16 pursuant to chapter 232, a temporary restraining order or
  4 17 protective order issued pursuant to chapter 233C, a court
  4 18 order or court=approved consent agreement entered pursuant to
  4 19 this chapter or chapter 235F, a court order or court=approved
  4 20 consent agreement entered pursuant to chapter 236, including a
  4 21 valid foreign protective order under section 236.19, subsection
  4 22 3, a temporary or permanent protective order or order to vacate
  4 23 the homestead under chapter 598, or an order that establishes
  4 24 conditions of release or is a protective order or sentencing
  4 25 order in a criminal prosecution arising from a domestic abuse
  4 26 assault under section 708.2A, or a civil injunction issued
  4 27 pursuant to section 915.22.
  4 28    Sec. 8.  Section 664A.2, subsection 2, Code 2015, is amended
  4 29 to read as follows:
  4 30    2.  A protective order issued in a civil proceeding shall
  4 31 be issued pursuant to chapter 232, 233C, 235F, 236, 598, or
  4 32 915. Punishment for a violation of a protective order shall be
  4 33 imposed pursuant to section 664A.7.
  4 34    Sec. 9.  Section 664A.5, Code 2015, is amended to read as
  4 35 follows:
  5  1    664A.5  Modification == entry of permanent no=contact order.
  5  2    If a defendant is convicted of, receives a deferred judgment
  5  3 for, or pleads guilty to a public offense referred to in
  5  4 section 664A.2, subsection 1, or is held in contempt for a
  5  5 violation of a no=contact order issued under section 664A.3
  5  6 or for a violation of a protective order issued pursuant to
  5  7 chapter 232, 233C, 235F, 236, 598, or 915, the court shall
  5  8 either terminate or modify the temporary no=contact order
  5  9 issued by the magistrate. The court may enter a no=contact
  5 10 order or continue the no=contact order already in effect for
  5 11 a period of five years from the date the judgment is entered
  5 12 or the deferred judgment is granted, regardless of whether the
  5 13 defendant is placed on probation.
  5 14    Sec. 10.  Section 664A.7, subsections 1 and 5, Code 2015, are
  5 15 amended to read as follows:
  5 16    1.  Violation of a no=contact order issued under this chapter
  5 17 or a protective order issued pursuant to chapter 232, 233C,
  5 18  235F, 236, or 598, including a modified no=contact order, is
  5 19 punishable by summary contempt proceedings.
  5 20    5.  Violation of a no=contact order entered for the offense
  5 21 or alleged offense of domestic abuse assault in violation
  5 22 of section 708.2A, or a violation of a protective order
  5 23 issued pursuant to chapter 232, 233C, 235F, 236, 598, or 915
  5 24 constitutes a public offense and is punishable as a simple
  5 25 misdemeanor. Alternatively, the court may hold a person
  5 26 in contempt of court for such a violation, as provided in
  5 27 subsection 3.
  5 28                           EXPLANATION
  5 29 The inclusion of this explanation does not constitute agreement with
  5 30 the explanation's substance by the members of the general assembly.
  5 31    This bill relates to temporary restraining orders and
  5 32 protective orders for minors who are victims of harassment.
  5 33    The bill defines "harassment" to include a single incident
  5 34 of physical or sexual assault or repeated incidents of
  5 35 intrusive or unwanted acts, words, or gestures that have
  6  1 a substantial adverse effect or are intended to have a
  6  2 substantial adverse effect on the safety, security, or privacy
  6  3 of another person, targeted residential picketing, or a
  6  4 pattern of attending public events after being notified that
  6  5 the person's presence at the event is harassing to another
  6  6 person. "Target residential picketing" means, when committed
  6  7 on more than one occasion, marching, standing, or patrolling
  6  8 by one or more persons either directed solely at a particular
  6  9 residential building in a manner that adversely affects the
  6 10 safety, security, or privacy of an occupant of the building
  6 11 or which prevents an occupant of a residential building from
  6 12 gaining access to or exiting from the property on which the
  6 13 residential building is located.
  6 14    The bill provides that if a minor is a victim of harassment,
  6 15 a minor's parent or legal guardian may institute an action for
  6 16 a temporary restraining order or protective order against the
  6 17 person alleged to be harassing the minor, provided that such
  6 18 person is not a relative of the minor.
  6 19    The bill sets forth the procedure for filing a petition for
  6 20 a temporary restraining order. A temporary restraining order
  6 21 may be issued without notice to the alleged harasser, but when
  6 22 issued without notice the motion for a protective order shall
  6 23 be set down for hearing at the earliest possible time.
  6 24    The bill sets forth the procedure for the petitioner to
  6 25 file a motion for a protective order. At a hearing for a
  6 26 protective order, the alleged harasser may present evidence and
  6 27 cross=examine witnesses. A protective order is for a duration
  6 28 set by the court not to exceed one year, but the petitioner
  6 29 may apply for a new protective order within 90 days before the
  6 30 expiration of an existing protective order.
  6 31    The violation of a temporary restraining order or protective
  6 32 order is a violation under Code section 664A.7. Under
  6 33 Code section 664A.7, a respondent who violates a temporary
  6 34 restraining order or a protective order is punished by summary
  6 35 contempt proceedings, and if convicted or held in contempt the
  7  1 respondent shall serve a jail sentence. For a violation of a
  7  2 temporary restraining order or a protective order, Code section
  7  3 664A.7 further provides that such a violation is a public
  7  4 offense punishable as a simple misdemeanor.
  7  5    The bill makes conforming changes in Code chapter 664A.
  7  6    The bill provides under the landlord tenant law (Code
  7  7 chapter 562A) and landlord and tenant law relating to
  7  8 manufactured home communities or mobile home parks (Code
  7  9 chapter 562B) that if activities presenting a clear and present
  7 10 danger are being conducted by a person on the premises other
  7 11 than a tenant, the tenant is not subject to termination and
  7 12 notice to quit if the tenant seeks a protective order or
  7 13 temporary restraining order to restrain the harassment of a
  7 14 minor.
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