Section 236A.1 – Short title.
236A.1 Short title. This chapter may be cited as the “Sexual Abuse Act”. 2017 Acts, ch 121, §4
Section 236A.10 – Sexual abuse information.
236A.10 Sexual abuse information. 1. Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving sexual abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety. 2. The department of public safety may compile statistics […]
Section 236A.11 – Plaintiff’s address — confidentiality of records.
236A.11 Plaintiff’s address — confidentiality of records. 1. A plaintiff seeking relief from sexual abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service: a. The mailing address […]
Section 236A.12 – Duties of peace officer — magistrate.
236A.12 Duties of peace officer — magistrate. 1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective […]
Section 236A.13 – Prevention of further abuse — notification of rights — liability.
236A.13 Prevention of further abuse — notification of rights — liability. 1. If a peace officer has reason to believe that sexual abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following: a. If requested, remaining on the scene as long as there is […]
Section 236A.14 – Prohibition against referral.
236A.14 Prohibition against referral. In a criminal action arising from sexual abuse, the prosecuting attorney or court shall not refer or order the parties involved to participate in mediation or other nonjudicial procedures prior to judicial resolution of the action. 2017 Acts, ch 121, §17
Section 236A.15 – Application for designation and funding as a provider of services for victims of sexual abuse.
236A.15 Application for designation and funding as a provider of services for victims of sexual abuse. Upon receipt of state or federal funding designated for victims of sexual abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and […]
Section 236A.16 – Department powers and duties.
236A.16 Department powers and duties. 1. The department shall do all of the following: a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of sexual abuse. b. Design and implement a uniform method of collecting data from sexual abuse organizations […]
Section 236A.17 – Sexual abuse training requirements.
236A.17 Sexual abuse training requirements. The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of sexual abuse prevention and services. Sexual abuse training may include but is not limited to the following areas: 1. The enforcement […]
Section 236A.18 – Reference to certain criminal provisions.
236A.18 Reference to certain criminal provisions. In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to sexual abuse are set forth in chapters 664A and 709 and sections 726.2 and 728.12. 2017 Acts, ch 121, §21
Section 236A.19 – Foreign protective orders — registration — enforcement — immunity.
236A.19 Foreign protective orders — registration — enforcement — immunity. 1. As used in this section, “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of […]
Section 236A.2 – Definitions.
236A.2 Definitions. For purposes of this chapter, unless a different meaning is clearly indicated by the context: 1. “Department” means the department of justice. 2. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of sexual abuse. 3. “Plaintiff” includes a person filing an action on behalf of […]
Section 236A.20 – Mutual protective orders prohibited — exceptions.
236A.20 Mutual protective orders prohibited — exceptions. A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order. 2017 Acts, ch 121, §23
Section 236A.3 – Commencement of actions — waiver to juvenile court.
236A.3 Commencement of actions — waiver to juvenile court. 1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie where either the plaintiff or defendant resides. The petition shall state the following: a. […]
Section 236A.4 – Plaintiffs proceeding pro se — provision of forms and assistance.
236A.4 Plaintiffs proceeding pro se — provision of forms and assistance. 1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the […]
Section 236A.5 – Assistance by county attorney.
236A.5 Assistance by county attorney. A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the person or plaintiff does not have sufficient funds to pay for legal assistance and if the assistance […]
Section 236A.6 – Hearings — temporary orders.
236A.6 Hearings — temporary orders. 1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the defendant, a hearing shall be held at which the plaintiff must prove the allegation of sexual abuse by a preponderance of the evidence. 2. The court may enter any temporary […]
Section 236A.7 – Disposition.
236A.7 Disposition. 1. Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order or approve a consent agreement which may contain but is not limited to any of the following provisions: a. That the defendant cease sexual abuse of the plaintiff. b. That the defendant stay away […]
Section 236A.8 – Emergency orders.
236A.8 Emergency orders. 1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the […]
Section 236A.9 – Procedure.
236A.9 Procedure. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy. 2017 Acts, ch 121, §12 Referred to in §915.50