Domestic Abuse Protective Order Accompanying Dissolution Decree {4.7}

Form 4.7: Domestic Abuse Protective Order Accompanying Dissolution Decree (Iowa Code Chapter 598 ). Case No. Order of Protection Judge _____________________________________________ IN RE THE MARRIAGE OF_______________________ (print or type name here) AND ________________________ IOWA County State Upon the Petition of ____________________, Petitioner, DOMESTIC ABUSE PROTECTIVE ORDER ACCOMPANYING DISSOLUTION DECREE And Concerning _____________________, Respondent. (Iowa Code Chapter 598) ISSUE DATE: PROTECTED PARTY: Other Protected Persons: ________________________________________________________ ________________________________________________________ First Middle Last ________________________________________________________ V. DEFENDANT: DEFENDANT Date of Birth _________________________________________________________ First Middle Last Defendants Address _________________________________________________________ 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 and exceptions to the above provisions are as set forth below. This order shall remain in effect unless it is modified, terminated or superseded by a later written order, or until the dismissal of the case. WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by th e 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. This order can be verified during business hours with t he __________________ County Clerk of Court at ____________ or anytime with the ____________________________________ (l aw enforcement agency) at ___________________________. <<<<<<<<<********>>>>>>>>>>>>> 2 On the ___ day of __________________, 20____, a hearing was held in this marriage dissolution action to determine if _____________________________, hereinafter designated as the protected party, should be accorded the type of (petitioner or respondent) protection described in Iowa Code Chapter 236 from ____________________________ hereinafter designated as defendant. (petitioner or respondent) The following persons were present and participated in the hearing:_________________________________________________ _______________________________________________________________________________________________________. The court FINDS by a preponderance of the evidence: (1) The defendant committed a domestic abuse assault against the protected party. (2) The defendant represents a credible threat to the physical safety of the protected party. (3) The protected party or the children are in imminent danger of physical harm from the defendant. The court accordingly ORDERS as follows: 1. Defendant shall not threaten, assault, stalk, molest, atta ck, harass or otherwise abuse the protected party. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expect ed to cause bodily injury. 2. Defendant shall stay away from the protected party and shall not be in that partys presence, except in a courtroom during court hearings. 3. 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. 4. Defendant shall not go to, enter, or occupy the protec ted partys residence or any other residence in which the protected party is staying, under any circumstance. 5. The issues of custody and visitation have been set fort h in detail in the dissolution decree. These custody and visitation provisions have been attached and are incorporated in this order by this reference. As a result, custody and visita tion shall be treated as a specific provision of this protective order and are enforceable under the provisions of Iowa Code Chapter 236. 6. The defendant shall not possess firearms while this order is in effect. Defendant shall deliver all firearms to the _____________________ County Sheriff or _______________________________ (law enforcement agency) on or before ____________________, 20____. The defendant is adv ised that the issuance of this protec tive order may also affect the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8). 7. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party consents to conduct that is prohibited by this order. Only the court can relieve defendant from the restrictions contained in this order. 8. This order is effective immediately. ________________________________________ JUDGE, _____ JUDICIAL DISTRICT [ ] The ________ County Sheriff shall serve defendant with a copy of this order. [ ] Defendant was personally served with a copy of this order by the court. [ ] The clerk of court shall provide copies of this order to the parties and law enforcement agencies, pursuant to Iowa Code section 236.5(5). NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at ( ) _______________. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.