Bill Text: IA SF517 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to domestic relations proceedings involving parties with a history of domestic abuse. (Formerly SF 235.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Dawson, Kinney, and Sinclair. S.J. 87. [SF517 Detail]
Download: Iowa-2019-SF517-Introduced.html
Senate
File
517
-
Introduced
SENATE
FILE
517
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
235)
A
BILL
FOR
An
Act
relating
to
domestic
relations
proceedings
involving
1
parties
with
a
history
of
domestic
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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S.F.
517
Section
1.
Section
598.5,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
l.
State
whether
a
history
of
domestic
abuse
3
exists
as
specified
in
section
598.41,
subsection
3,
paragraph
4
“j”
.
5
Sec.
2.
Section
598.19,
Code
2019,
is
amended
to
read
as
6
follows:
7
598.19
Waiting
period
before
decree.
8
1.
No
A
decree
dissolving
a
marriage
shall
not
be
granted
9
in
any
proceeding
before
ninety
days
shall
have
elapsed
from
10
the
day
the
original
notice
is
served,
or
from
the
last
11
day
of
publication
of
notice,
or
from
the
date
that
waiver
12
or
acceptance
of
original
notice
is
filed
or
until
after
13
conciliation
is
completed,
whichever
period
shall
be
longer.
14
2.
However,
the
court
may
in
its
discretion,
on
written
15
motion
supported
by
affidavit
setting
forth
grounds
of
16
emergency
or
necessity
and
facts
which
satisfy
the
court
that
17
immediate
action
is
warranted
or
required
to
protect
the
18
substantive
rights
or
interests
of
any
party
or
person
who
19
might
be
affected
by
the
decree,
hold
a
hearing
and
grant
a
20
decree
dissolving
the
marriage
prior
to
the
expiration
of
the
21
applicable
period,
provided
that
requirements
of
notice
have
22
been
complied
with.
In
such
case
the
grounds
of
emergency
or
23
necessity
and
the
facts
with
respect
thereto
to
such
grounds
24
shall
be
recited
in
the
decree
unless
otherwise
ordered
by
25
the
court.
For
the
purposes
of
this
subsection,
“grounds
of
26
emergency
or
necessity”
shall
include
an
allegation
in
the
27
petition
filed
pursuant
to
section
598.5,
that
a
history
28
of
domestic
abuse
exists
as
specified
in
section
598.41,
29
subsection
3,
paragraph
“j”
,
as
established
by
competent
30
evidence.
31
3.
The
court
may
enter
an
order
finding
the
respondent
in
32
default
and
waiving
conciliation
when
the
respondent
has
failed
33
to
file
an
appearance
within
the
time
set
forth
in
the
original
34
notice.
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S.F.
517
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
provides
that
if
a
petitioner
includes
in
the
4
petition
for
a
dissolution
of
marriage
a
statement
that
a
5
history
of
domestic
abuse
exists
as
specified
in
the
bill
under
6
current
law,
the
allegation
of
a
history
of
domestic
abuse
7
as
established
by
competent
evidence
constitutes
grounds
of
8
emergency
or
necessity
on
which
basis
the
court
may
determine
9
immediate
action
is
warranted
or
required,
hold
a
hearing,
and
10
grant
a
decree
dissolving
the
marriage
prior
to
the
expiration
11
of
the
usual
waiting
period
before
a
decree
may
be
granted.
12
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