Protective Order By Consent Agreement {4.3}

Form 4.3: Protective Order by Consent Agreement (Section 236.3 Petitio n). 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 _________________ PROTECTIVE ORDER BY CONSENT AGREEMENT ____________________________________ (law enforce- (Section 236.3 Petition) ment agency) at __________________________________. ISSUE DATE: PETITIONER/PROTECTED PARTY: Other Protected Persons: ___________________________________________________ ___________________________________________________ First Middle Last ___________________________________________________ V. RESPONDENT/DEFENDANT: RESPONDENT Date of Birth ___________________________________________________ First Middle Last Respondents Address ___________________________________________________ If checked, CAUTION: FIREARMS WARNING ___________________________________________________ for Law Enforcement THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter, and the Respondent has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below. THE COURT HEREBY ORDERS: The above named Respondent is restrained from commi tting further acts of abuse or threats of abuse. The above named Respondent is restrained from any contact with the Petitioner/Protected Party. Additional terms of this order and exceptions to the above provisions are as set forth below. This order shall remain in effect until _____________________ (one y ear from todays date) unless it is modified, terminated, extended, or superseded by written order of the court, or until the dismissal of the case. WARNINGS TO RESPONDENT: 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 _____ day of ______________, 20____, a hearing was held on the Petition for Relief from Domestic Abuse. The following persons were present and participated in the hearing:_____________________________________________________. The court FINDS by a preponderance of the evidence: (1) Defendant was personally served with a copy of the petition and the temporary protective order containing notice of this hearing. (2) The parties appeared and each consented to the entry of this order. [ ] (3) If checked, the defendant committed a domestic abuse assault against the protected party. [ ] (4) 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 pers on, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person). IF (4) IS CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms. Therefore, pursuant to Iowa Code Chapter 236, the co urt 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 not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 3. The protected party shall have exclusive possession of the residence located at ______________________________. Defendant shall not go to, enter, occupy or remain in that residen ce or any other residence in which the protected party is staying, under any circumstance. 4. (Insert additional provisions expressly limiting contact, if any, including limitations on access to protected partys scho ol or workplace):____________________________________________________________________________________________ 5. The ______________________ is granted temporary custody of these children (list names and ages):_____________ (protected party or defendant) ______________________________________________________________________________________________________. _____________________ is granted visitation with these children as fo llows (specify times, places and method of implementation (protected party or defendant) of visitation):_____________________________________________________________________________________________ _______________________________________________________________________________________________________________________________ _. The defendant shall not otherwise contact these children and shall not contact the protected party about visitation except as provided in this order. [ ] 6. If checked, 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 advised that the issuance of this protective 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. [ ] 9. If checked, court costs are assessed against defendant. 10. The court finds, pursuant to Iowa Code section 236.10, that to protect the sa fety or privacy of the protected party and/or the protected partys children, the clerk of court shall, until further order of the court (check any that apply) [ ] seal the entire file from public access, other than court orders and child support payment records. [ ] seal the following portion(s) of the file from public acce