Bill Text: IA HF2353 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to an emergency temporary no-contact order.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-10 - Introduced, referred to Public Safety. H.J. 236. [HF2353 Detail]
Download: Iowa-2021-HF2353-Introduced.html
House
File
2353
-
Introduced
HOUSE
FILE
2353
BY
BODEN
A
BILL
FOR
An
Act
relating
to
an
emergency
temporary
no-contact
order.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
664A.3A
Emergency
temporary
no-
1
contact
order.
2
1.
Notwithstanding
section
664A.3A,
a
court
may
issue
an
3
emergency
temporary
no-contact
order
prior
to
the
arrest
of
a
4
person
for
an
alleged
violation
of
a
public
offense
referred
to
5
in
section
664A.2,
subsection
1.
6
2.
A
person
alleging
to
be
a
victim
of
a
public
offense
7
referred
to
in
section
664A.2,
subsection
1,
may
file
an
8
application
for
an
emergency
temporary
no-contact
order
which
9
shall
include
the
following:
10
a.
The
name
and
mailing
address
of
the
person
making
the
11
application.
12
b.
The
name
and
address,
if
known,
of
the
person
alleged
to
13
have
violated
a
public
offense
referred
to
in
section
664A.2,
14
subsection
1.
15
c.
The
nature
of
the
alleged
violation.
16
3.
The
court
shall
enter
an
emergency
temporary
no-contact
17
order
if
the
court
finds
both
of
the
following:
18
a.
Probable
cause
exists
to
believe
that
any
public
offense
19
referred
to
in
section
664A.2,
subsection
1,
has
occurred.
20
b.
The
presence
of
or
contact
with
the
person
alleged
to
21
have
violated
a
public
offense
referred
to
in
section
664A.2,
22
subsection
1,
poses
a
threat
to
the
safety
of
the
alleged
23
victim,
persons
residing
with
the
alleged
victim,
or
members
24
of
the
alleged
victim’s
family.
25
4.
The
emergency
temporary
no-contact
order
shall
set
forth
26
the
reasons
for
the
issuance
of
the
order,
be
specific
in
27
terms,
and
describe
in
reasonable
detail
the
act
or
acts
being
28
restrained.
29
5.
An
emergency
temporary
no-contact
order
issued
without
30
notice
under
this
section
shall
be
endorsed
with
the
date
and
31
hour
of
issuance
and
be
filed
immediately
in
the
office
of
the
32
clerk
of
the
district
court
issuing
the
order,
and
shall
expire
33
at
such
time
as
the
court
directs,
not
to
exceed
ten
days
from
34
issuance.
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6.
If
no
criminal
charge
has
been
filed
against
the
person
1
alleged
to
have
violated
a
public
offense
referred
to
in
2
section
664A.2,
subsection
1,
prior
to
the
expiration
of
the
3
emergency
temporary
no-contact
order,
the
emergency
temporary
4
no-contact
order
shall
expire.
5
7.
If
a
criminal
charge
has
been
filed
against
the
person
6
alleged
to
have
violated
a
public
offense
referred
to
in
7
section
664A.2,
subsection
1,
prior
to
the
expiration
of
the
8
emergency
temporary
no-contact
order,
the
court
shall
proceed
9
as
provided
in
section
664A.3.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
an
emergency
temporary
no-contact
14
order.
15
The
bill
provides
that
notwithstanding
Code
section
664A.3A
16
(entry
of
temporary
no-contact
order),
a
court
may
issue
an
17
emergency
temporary
no-contact
order
prior
to
the
arrest
of
a
18
person
for
an
alleged
violation
of:
domestic
abuse
assault
19
(Code
section
708.2A),
harassment
(Code
section
708.7),
20
stalking
(Code
section
708.11),
sexual
abuse
in
the
first
21
degree
(Code
section
709.2),
sexual
abuse
in
the
second
degree
22
(Code
section
709.3),
sexual
abuse
in
the
third
degree
(Code
23
section
709.4),
and
any
other
public
offense
for
which
there
24
is
a
victim.
25
The
bill
provides
that
a
person
alleging
to
be
a
victim
of
a
26
public
offense
referred
to
in
Code
section
664A.2(1)
may
file
27
an
application
for
an
emergency
temporary
no-contact
order
28
which
shall
include
the
name
and
mailing
address
of
the
person
29
making
the
application;
the
name
and
address,
if
known,
of
30
the
person
alleged
to
have
violated
a
public
offense
referred
31
to
in
Code
section
664A.2(1);
and
the
nature
of
the
alleged
32
violation.
The
court
shall
enter
an
emergency
temporary
no-
33
contact
order
if
the
court
finds
probable
cause
exists
to
34
believe
that
any
public
offense
referred
to
in
Code
section
35
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664A.2(1)
has
occurred;
and
the
presence
of
or
contact
with
the
1
person
alleged
to
have
violated
a
public
offense
referred
to
2
in
Code
section
664A.2(1)
poses
a
threat
to
the
safety
of
the
3
alleged
victim,
persons
residing
with
the
alleged
victim,
or
4
members
of
the
alleged
victim’s
family.
5
The
bill
provides
that
the
emergency
temporary
no-contact
6
order
shall
set
forth
the
reasons
for
the
issuance
of
the
7
order,
be
specific
in
terms,
and
describe
in
reasonable
detail
8
the
act
or
acts
being
restrained.
An
emergency
temporary
9
no-contact
order
issued
without
notice
shall
be
endorsed
with
10
the
date
and
hour
of
issuance
and
be
filed
immediately
in
the
11
office
of
the
clerk
of
the
district
court
issuing
the
order,
12
and
shall
expire
at
such
time
as
the
court
directs,
not
to
13
exceed
10
days
from
issuance.
14
The
bill
provides
that
if
no
criminal
charge
has
been
filed
15
against
the
person
alleged
to
have
violated
a
public
offense
16
referred
to
in
Code
section
664A.2(1)
prior
to
the
expiration
17
of
the
emergency
temporary
no-contact
order,
the
emergency
18
temporary
no-contact
order
shall
expire.
If
a
criminal
charge
19
has
been
filed
against
the
person
alleged
to
have
violated
a
20
public
offense
referred
to
in
Code
section
664A.2(1)
prior
to
21
the
expiration
of
the
emergency
temporary
no-contact
order,
the
22
court
shall
proceed
as
provided
in
Code
section
664A.3.
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