Temporary Protective Order (Ex Parte) {4.5}

Form 4.5: Temporary Protective Order (Ex Parte) (Iowa Code Chapter 59 8). 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, TEMPORARY PROTECTIVE ORDER And Concerning _____________________, (EX PARTE) 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 _________________________________________________________ THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter. 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 This order shall remain in effect until modified, terminated or superseded by a later written order, until the case is dismisse d, or until a decree is issued in this dissolution. 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 ___________________________. NOTICE FOR LAW ENFORCEMENT: If checked, Please see page 2, paragraph 9 to determine if the Respondent has been or CAUTION: FIREARMS WARNING for Law will be provided with reasonable notice and opportunity to be heard. Enforcement <<<<<<<<<********>>>>>>>>>>>>> 2 On this ____ day of _____________, 20___, in a proceeding unde r Iowa Code chapter 598, a finding was made that the _______________________ ____________________________________, her einafter designated as protected party, (petitioner or respondent) (name) should be accorded protection from______________________ ________________________________ hereinafter designated (p etitioner or respondent) (name) as defendant. The court finds that the protected party or the children are in imminent danger of physical harm. The court further finds that the protection to be accorded to the protected party is of the type and for the reasons that this order should be furnished to the dispatcher designated in Iowa Code section 236.5(4), an d violation of this order should be grounds for arrest under Iowa Code section 236.11. Therefore, the court 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. 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. Defendant shall turn over to the sheri ff all devices that allow access or entry to the residence or ou t buildings (for example, keys or garage openers). Defendant ma y enter the residence once in the company of a peace officer to retrieve defendants clothing and work-related items. 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, protected party shall have the right to exclusive use and possession of the ______________________ vehicle until further order of the court, and the sheriff shall take custody of defendants keys to the vehicle upon service of this order. Sheriff will turn vehicle keys over to the protected party. 6. The protected party is granted temporary custody of these children (list names and ages): ______________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________. If the children are not presently in the care of protected party, the children shall be returned to the protected partys custody at the following time and in the following manner:_____________________________________________________________________ _______________________________________________________________________________________________________. Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the same children, this temporary order shall prevail over any other existing custody order. The issue of visitation will be addressed at the hearing mentioned below. Until such time, defendant shall not contact these children and shall not contact the protected party about visitation. [ ] 7. 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 adv ised that the issuance of this protective order may also affect the right to possess or acquire a firearm or a mmun