Additional Protective Order Under Section 664A.7 And Order Setting Contempt Hearing {4.10}

February 2007 Form 4.10: Additional Protective Order Under Section 664A.7 and Order Setting Contempt Hearing February 2007 American LegalNet, Inc. www.FormsWorkflow.com February 2007 Additional Protective Order Under Section 664A.7 and Order Setting Contempt Hearing (cont'd) Respondent appears in accordance with Iowa Code section 236.11 and section 664A.3. The court FINDS (a) there is probable cause to believe that on , 20 , respondent violated a domestic abuse order dated entered for the protection of herein (name) designated as protected party; (b) the presence of respondent in the protected party's residence poses a threat to the safety of the protected party, persons residing with the protected party, or members of protected party's immediate family; and (c) a no contact order should therefore be entered pursuant to Iowa Code § 664A.3. [ ] (d) If checked, the court finds the respondent 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 (d) IS CHECKED, the court must check box 4, prohibiting the respondent from possessing firearms. Therefore, the court ORDERS as follows: 1. Conditions of release, if appropriate under section 664A.3, will be established by separate order. The terms of this order shall be additional conditions of release. 2. Respondent shall personally appear before the court for a contempt hearing on the day of , 20 , at o'clock .m. at the County Courthouse, Room , in , Iowa, and show cause why he/she should not be held in contempt of court. Respondent has a right to legal counsel at such hearing. Failure of the respondent to appear for this hearing may result in the arrest of respondent. Failure of the protected party to appear may result in the case being dismissed. 3. Respondent shall have no contact with the protected party and shall not harass the protected party, persons residing with the protected party, or members of the protected party's family. Respondent shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. To the extent not inconsistent herewith, the prior protective order shall also remain in force. [ ] 4. If checked, the respondent shall not possess firearms while this order is in effect as a condition of release. Respondent shall deliver all firearms to the County Sheriff or (law enforcement agency) on or before , 20 . The respondent 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). 5. This protective order is in effect immediately. The order may be extended prior to expiration, or at sentencing, for five years pursuant to sections 664A.5 (modification) or 664A.8 (extension). 6. A RESPONDENT 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 respondent from the restrictions contained in this order. 7. Bond is set at $ . [ ] 8. If checked, respondent qualifies for court-appointed counsel, and attorney is appointed. JUDGE, [ [ JUDICIAL DISTRICT ] Respondent was personally served with a copy of this order by the court. ] The County Sheriff shall serve and return service upon the respondent, the petition/motion and this order at least two days prior to the hearing. [ ] The clerk of court shall provide copies of this order to the protected party, county attorney, respondent, counsel of record (if any) and the County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. 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. February 2007 American LegalNet, Inc. www.FormsWorkflow.com