================================================================================ DRAFT — NOT INTRODUCED — NO BILL NUMBER — NOT LEGAL ADVICE Four Safeguards · foursafeguards.org/bill · DRAFT WATERMARK An order already signed stays in force until the court that issued it changes it. This text is proposed language for a sponsor and the Legislative Services Agency. It is not a statement of current Iowa law and does not modify any order. HTML at https://foursafeguards.org/bill is the canonical draft. ================================================================================ A Bill For An Act relating to protective orders and no-contact orders under chapters 236 and 664A, including review after expiration, written findings, hearings, duration, candor of applicants, and annual public reporting, and including applicability provisions. Be It Enacted by the General Assembly of the State of Iowa: Division I Review not mooted by expiration Section 1. NEW SECTION. 236.21 Expiration of order — review not moot. 1. An appeal from, or a petition for review of, a temporary or permanent order entered under this chapter, or of the denial of a motion to modify or terminate such an order, shall not be dismissed as moot solely because the order has expired or has been dismissed, modified, or terminated, if the order has or may have a collateral legal consequence for the defendant. 2. A collateral legal consequence under subsection 1 includes but is not limited to a restriction on the possession of a firearm, consideration of the order or of the petition in a proceeding concerning the custody of or visitation with a child, including a proceeding under chapter 598, a condition of employment or professional licensure, and the maintenance of a record of the order in a court or law enforcement database. 3. A collateral legal consequence described in subsection 2 is presumed to exist. The presumption may be rebutted only by a showing that no such consequence exists or can arise. Sec. 2. NEW SECTION. 664A.9 Expiration of order — review not moot. 1. An appeal from, or a petition for review of, a no-contact order entered under this chapter, or of the denial of a motion to modify or terminate such an order, shall not be dismissed as moot solely because the order has expired or has been dismissed, modified, or terminated, if the order has or may have a collateral legal consequence for the defendant. 2. A collateral legal consequence under subsection 1 includes but is not limited to a restriction on the possession of a firearm, consideration of the order in a proceeding concerning the custody of or visitation with a child, including a proceeding under chapter 598, a condition of employment or professional licensure, and the maintenance of a record of the order in a court or law enforcement database. 3. A collateral legal consequence described in subsection 2 is presumed to exist. The presumption may be rebutted only by a showing that no such consequence exists or can arise. Division II Written findings for orders exceeding one year Sec. 3. Section 664A.5, Code 2026, is amended by adding the following new subsection: NEW SUBSECTION. ___. a. The court shall not enter, modify, or extend a no-contact order under this section for a period that exceeds one year from the date of the order unless the court enters written findings of fact stating the specific facts in the record that support a determination that the defendant continues to pose a threat to the safety of the protected party, a member of the protected party's family or household, or a child, and that prohibiting contact for the period ordered is necessary to protect that person. b. A recital of the offense of conviction, the plea, or the deferred judgment, without more, does not satisfy paragraph "a". c. Findings under paragraph "a" shall be stated on the record at the time the order is entered, modified, or extended and shall be included in or attached to the order. Division III Hearing on the pretrial no-contact order Sec. 4. NEW SECTION. 664A.3A Hearing on no-contact order entered before judgment. 1. A defendant who is subject to a no-contact order entered under section 664A.3 may file a written request for a hearing on the order at any time while the order is in effect and before judgment is entered in the criminal proceeding. The request shall be served on the prosecuting attorney, and the court shall cause notice of the hearing to be given to the protected party. 2. The court shall hold an evidentiary hearing on the request within fourteen days after the request is filed. The court may continue the hearing once, for not more than fourteen days, on a showing of good cause by the state or the protected party, and shall state the reason for the continuance on the record. 3. At the hearing the state bears the burden of proving by a preponderance of the evidence that continuation of the no-contact order is necessary to protect the safety of the protected party or a member of the protected party's family or household. The defendant and the state may present evidence and cross-examine witnesses. The protected party may be heard and shall not be required to testify. 4. At the conclusion of the hearing the court shall do one of the following: a. If the state has met its burden, continue the order for a stated period and state on the record the facts supporting the determination. b. If the state has met its burden only as to part of the relief ordered, modify the order accordingly and state on the record the facts supporting the determination. c. If the state has not met its burden, terminate the order. 5. The order entered under section 664A.3 remains in effect pending the hearing and decision under this section. 6. This section does not limit the authority of the court to impose or modify conditions of release under chapter 811, or to enter an order under section 664A.5 upon conviction, plea of guilty, or deferred judgment. Division IV Duration of the pretrial no-contact order Sec. 5. Section 664A.3, Code 2026, is amended by adding the following new subsection: NEW SUBSECTION. ___. a. Notwithstanding any other provision of this section, a no-contact order entered under this section expires thirty days after the date of entry unless, before that date, one of the following occurs: (1) The court, after a hearing under section 664A.3A, continues the order for a stated period, which shall not extend beyond the entry of judgment in the criminal proceeding. (2) The defendant, in writing or on the record and after consultation with counsel or a knowing waiver of counsel, agrees to continuation of the order for a stated period. b. An order continued under paragraph "a" shall state on its face the date on which it expires. An order may be continued more than once under paragraph "a". c. Expiration of an order under this subsection does not limit the authority of the court to impose conditions of release under chapter 811, to enter a new order under this section upon a new finding of probable cause that a public offense to which this chapter applies has been committed, or to enter an order under section 664A.5 upon conviction, plea of guilty, or deferred judgment. Division V Candor of the applicant — remedy Sec. 6. Section 236.3, Code 2026, is amended by adding the following new subsection: NEW SUBSECTION. ___. The petition shall include a statement, signed by the plaintiff under penalty of perjury, that discloses all of the following to the extent known to the plaintiff: a. Each protective order, no-contact order, or petition for such an order between the plaintiff and the defendant, in this state or in any other jurisdiction, and the disposition of each. b. Each pending proceeding between the plaintiff and the defendant, including a proceeding under chapter 598, 600B, or 664A, and any criminal proceeding. c. Whether a child of the plaintiff or of the defendant is the subject of a pending or concluded proceeding or order concerning custody or visitation, and the court in which that proceeding is or was pending. d. The specific acts, with the date of each, on which the plaintiff relies in alleging domestic abuse and, if a temporary order is requested, present danger. Sec. 7. Section 236.4, Code 2026, is amended by adding the following new subsection: NEW SUBSECTION. ___. A temporary order entered under this section without notice to the defendant shall state on its face all of the following: a. That the order was entered without notice to the defendant and on the plaintiff's evidence alone. b. That no finding of fact has been made against the defendant. c. The date, time, and place of the hearing at which the defendant may be heard, and that the defendant may appear with counsel and present evidence. Sec. 8. NEW SECTION. 236.4A Material omission or misstatement — relief. 1. If the court finds, at or after the hearing under section 236.4, that the petition or the statement required by section 236.3 omitted or misstated a material fact, and that the plaintiff knew of the fact at the time of filing, the court may do any of the following: a. Dissolve or modify the temporary order. b. Consider the omission or misstatement in determining whether the plaintiff has proved domestic abuse by a preponderance of the evidence. c. Award the defendant reasonable attorney fees and costs under Iowa rule of civil procedure 1.413, including fees and costs incurred on appeal. 2. An award under subsection 1, paragraph "c", may be entered notwithstanding any other provision of this chapter providing for an award of costs or fees against the defendant. 3. This section does not create a cause of action for damages and does not limit any remedy otherwise available. Sec. 9. Section 664A.3, Code 2026, is amended by adding the following new subsection: NEW SUBSECTION. ___. When requesting a no-contact order under this section, the state shall disclose to the court, to the extent known to the prosecuting attorney or the arresting agency, each existing protective order, no-contact order, or pending petition for such an order between the defendant and the protected party; each pending proceeding between them under chapter 236, 598, or 600B; and whether a child of the defendant or of the protected party is the subject of a proceeding or order concerning custody or visitation. A failure to disclose a matter required by this subsection is a factor the court shall consider at a hearing under section 664A.3A. Division VI Annual public report Sec. 10. NEW SECTION. 664A.10 Annual report on protective orders and no-contact orders. 1. On or before December 1 of each year, the judicial branch, in consultation with the department of public safety, shall publish on its internet site a report for the preceding fiscal year that states, for the state and for each county, all of the following: a. The number of orders entered under chapter 236 and under this chapter, stated separately for temporary orders entered without notice under section 236.4, emergency orders under section 236.6, orders entered after a hearing under section 236.5, orders entered at initial appearance under section 664A.3, and orders entered under section 664A.5. b. The number of petitions and requests for orders that were denied, the number of orders dismissed or terminated before a hearing, the number of orders extended, and the number of orders reversed or vacated on appeal or on review. c. The number of findings of contempt for violation of an order under chapter 236 or under this chapter, and the number of those findings that resulted in a sentence of imprisonment. d. The number of persons subject to an order who, within twelve months after the order was entered, were named as the alleged perpetrator in a report to a law enforcement agency of an assault against the protected party, stated separately for persons subject only to a temporary or pretrial order and for persons subject to an order entered after a hearing, and, to the extent the data are available, the corresponding number for persons who were the subject of a report of domestic abuse during the same period and against whom no order was entered. 2. The department of public safety shall provide to the judicial branch the incident data necessary to prepare the report under subsection 1, paragraph "d", from incident reports submitted to the department by law enforcement agencies. 3. The report shall not include the name of, or other personally identifying information about, any party. Division VII Applicability Sec. 11. APPLICABILITY. 1. Sections 3, 4, 5, and 9 of this Act apply to no-contact orders entered on or after the effective date of this Act. 2. Sections 6, 7, and 8 of this Act apply to petitions filed on or after the effective date of this Act. 3. Sections 1 and 2 of this Act apply to appeals and petitions for review in which a final decision has not been entered on the effective date of this Act, and to appeals and petitions for review filed on or after that date. 4. This Act does not modify, terminate, or affect the enforceability of an order entered before the effective date of this Act. An order entered before that date remains in effect according to its terms until modified or terminated by the court that entered it. 5. The first report under section 664A.10, as enacted by this Act, is due on or before December 1 of the year following the first full fiscal year that begins after the effective date of this Act. Explanation The inclusion of this explanation does not constitute agreement with the explanation's substance by the members of the general assembly. This bill relates to protective orders under Code chapter 236 and no-contact orders under Code chapter 664A. Division I provides that an appeal from or review of an order under either chapter is not moot solely because the order has expired, where the order has or may have a collateral legal consequence, and presumes such a consequence. Division II requires written findings of specific facts before a court enters, modifies, or extends a no-contact order under section 664A.5 for a period exceeding one year. Division III creates a hearing, on the defendant's written request, within fourteen days, on a no-contact order entered under section 664A.3 before judgment. The state bears the burden of proving by a preponderance of the evidence that the order remains necessary. The protected party may be heard and is not required to testify. The order remains in effect pending the hearing. Division IV provides that a no-contact order entered under section 664A.3 expires thirty days after entry unless continued by the court after the hearing created in Division III or by the defendant's agreement, and requires a continued order to state its expiration date. Division V requires a chapter 236 petition to disclose prior orders, pending proceedings, and custody matters; requires a temporary order entered without notice to recite that only the plaintiff's evidence was considered and that no finding of fact has been made; permits the court to dissolve or modify a temporary order and to award the defendant fees under Iowa rule of civil procedure 1.413 for a knowing material omission or misstatement; and requires the state, when requesting an order under section 664A.3, to disclose the same matters to the extent known. Division VI requires the judicial branch, in consultation with the department of public safety, to publish an annual report, by county, of orders entered, denied, dismissed, extended, and reversed; contempt findings; and reports of a new assault within twelve months, stated separately by type of order. Division VII provides that the bill applies prospectively and does not modify or affect any order entered before its effective date. The bill does not amend section 236.6. ================================================================================ END OF DRAFT — foursafeguards.org/bill is canonical — DRAFT WATERMARK Not legal advice. Orders already signed stay in force. ================================================================================