House File 134 - Introduced HOUSE FILE 134 BY WOLFE A BILL FOR An Act relating to the court’s authority to grant a protective 1 order following an adjudication of domestic abuse. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1310YH (4) 85 rh/nh

H.F. 134 Section 1. Section 236.5, subsection 1, unnumbered 1 paragraph 1, Code 2013, is amended to read as follows: 2 Upon a finding that the defendant has engaged in domestic 3 abuse and that the defendant represents a credible threat to 4 the physical safety of the plaintiff : 5 EXPLANATION 6 This bill relates to the court’s authority to grant a 7 protective order following an adjudication of domestic abuse. 8 Current law allows the court to enter a civil protective 9 order, upon hearing, upon a finding by a preponderance of the 10 evidence that the defendant has engaged in domestic abuse. 11 Iowa Court Rule, Chapter 4 (form 2) provides that when the 12 court finds, by a preponderance of the evidence, that the 13 defendant was properly served, committed domestic abuse against 14 the protected party, and represents a credible threat to the 15 protected party, the court issues a protective order. 16 The bill requires the court to find, by a preponderance of 17 the evidence, that the defendant represents a credible threat 18 to the physical safety of the plaintiff in order to grant a 19 protective order. 20 -1- LSB 1310YH (4) 85 rh/nh 1/ 1