Relating to civil protective orders and dating abuse, creating the criminal offense of dating abuse assault, making related modifications, and providing penalties

The bill defines dating abuse as an assault between persons who are in a dating relationship or who have been in a dating relationship and who have had contact within the past year. The bill provides certain factors a court may consider in determining whether persons are or have been in a dating relationship. Under the bill, upon a finding by the court, by a preponderance of the evidence, that a defendant has engaged in dating abuse against the plaintiff, the court may order the defendant to cease the abuse, and order the defendant to stay away from the plaintiff’s residence, school, or place of employment. In seeking a protective order, a victim has the right to seek help from the court with or without the assistance of an attorney and without the payment of court costs. The bill requires criminal or juvenile justice agencies to collect and maintain information on incidents involving dating abuse and to provide the information to the department of public safety. The bill provides certain provisions relating to the confidentiality of dating abuse victim records, the duties of a peace officer in dating abuse cases, and the duties of the department of justice relating to dating abuse training, services, and funding. The bill makes conforming changes to Code provisions, including those relating to the address confidentiality program, the issuance of and violations of civil protective orders, the duties of the departments of justice, public health, and corrections, Iowa law enforcement academy curriculum requirements, peace officer rights, delinquency detentions, dissolution proceedings, insurance practices, termination of parental rights proceedings, court and jail operating costs, peace officer arrests, and certain sentencing and victim rights and services provisions. The bill creates the criminal offense of dating abuse assault and provides penalties, including mandatory minimum fines and penalties, and fines, ranging from a simple misdemeanor to a class “D” felony, depending on the circumstances of the offense. The bill requires the court to order a defendant convicted of dating abuse assault to participate in a batterers’ treatment program. A person arrested for a dating abuse assault is subject to a no-contact order.