236.4 - HEARINGS -- TEMPORARY ORDERS.
236.4 HEARINGS -- TEMPORARY ORDERS.
1. Not less than five and not more than fifteen days after
commencing a proceeding and upon notice to the other party, a hearing
shall be held at which the plaintiff must prove the allegation of
domestic abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to
protect the plaintiff from domestic abuse prior to the hearing, upon
good cause shown in an ex parte proceeding. Present danger of
domestic abuse to the plaintiff constitutes good cause for purposes
of this subsection.
3. If a hearing is continued, the court may make or extend any
temporary order under subsection 2 that it deems necessary.
4. Upon application of a party, the court shall issue subpoenas
requiring attendance and testimony of witnesses and production of
papers.
5. The court shall advise the defendant of a right to be
represented by counsel of the defendant's choosing and to have a
continuance to secure counsel.
6. Hearings shall be recorded. Section History: Early Form
[C81, § 236.4] Section History: Recent Form
93 Acts, ch 157, §3
Referred to in § 232.8, 236.6, 915.50