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 jh/rj 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 aviolation 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. LSB 1644YH (6) 86 jh/rj
