No Contact Order (Criminal Prosecution Of Harassment-Stalking-Sexual Abuse) {4.13}

Form 4.13: No Contact Order (Criminal Prosecution of Harassment 708.7, Stalking 708.11, Sexual Abuse 709.2, 709.3, or 709 .4). Case No. Order of Protection Judge _____________________________________________ (print or type name here) This order can be verified during business hours with the IOWA County State __________________ County Clerk of Court at __________ _________________or anytime with the _________________ NO CONTACT ORDER (Criminal Prosecution of Harassment 708.7, ____________________________________ (law enforce- Stalking 708.11, Sexual Abuse 709.2, 709.3, or 709.4) ment agency) at __________________________________. ISSUE DATE: PROTECTED PARTY: Other Protected Persons: ___________________________________________________ ___________________________________________________ First Middle Last ___________________________________________________ STATE OF IOWA V. DEFENDANT Date of Birth DEFENDANT: ___________________________________________________ Respondents Address First Middle Last ___________________________________________________ If checked, ___________________________________________________ CAUTION: FIREARMS WARNING for Law Enforcement THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below. THE COURT HEREBY ORDERS: The above named Defendant is restrained from committi ng further acts of abuse or threats of abuse. The above named Defendant is restrained from any contact with the Protected Party. Additional terms of this order are as set forth below. This order shall remain in effect until modified or terminated by further written order of the court, until the case is dismissed, or until sentencing. WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C. 2262). Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or ammunition (18 U.S.C. 922(g)(8)). Only the court can change this order. <<<<<<<<<********>>>>>>>>>>>>> 2 On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendants appearance, the court finds there is probable cause to believe that a violation of [ ] Iowa Code section 708.7 [ ] Iowa Code section 708.11 [ ] Iowa Code section 709.2, 709.3, or 709.4 has occurred and the presence of or contact with the defendant pos es a threat to the safety of the alleged victim, persons resi ding with the alleged victim, or members of the alleged victims immediate family. [ ] If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) (intimate partner means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person). IF CHECKED, the court must check box 6, prohi biting the defendant from possessing firearms. Therefore, the court orders as follows: 1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that partys presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected partys family. Defendant shall not use, or attempt to use, or threaten to use physical force agains t the protected party that would reasonably be expected to cause bodily injury. [ ] 4. If checked, defendant may enter the shared reside nce once in the company of a peace officer to retrieve defendants clothing and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or out buildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected party. [ ] 5. If checked, additional directives ___________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________. [ ] 6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of release. Defendant shall deliver all firearms to the _______________ County Sheriff or ___________________________ (law enforcement agency) on or before ____________________, 20____. The defendant is advised that the issuance of this protective order may also affect the right to possess or acquire a firearm or amm unition under federal law. 18 U.S.C. 922(d)(8), (g)(8). 7. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 708.12 (2) or section 709.20(2). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party (ies) consent(s) to prohibited contact. Only the court may release def endant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an aw ard of personal or real property to either the defendant or the protected party. [ ] 10. Bond is set at $______________. [ ] 11. If checked, defendant qualifies for court-appointed counsel, and attorney ______________________ is appointed. ________________________________________ JUDGE, _____ JUDICIAL DISTRICT [ ] Defendant was provided a copy of order upon hearing. [ ] The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if