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Code · Iowa · Chapter 236A — Sexual Abuse — Protective Orders — Services

236A.7 Disposition.

468 words·~2 min read·/ia/chapter-236a-sexual-abuse-protective-orders-services/236a-7·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order which may contain but is not limited to any of the following provisions:
a. That the defendant cease sexual abuse of the plaintiff.
b. That the defendant stay away from the plaintiff’s residence, school, or place of employment.
2. The court may approve a consent agreement without a finding that the defendant has engaged in sexual abuse, which may contain but is not limited to any of the provisions specified in subsection 1.
3. An order for a protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by the plaintiff or defendant and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the plaintiff, persons residing with the plaintiff, or members of the plaintiff’s immediate family. The number of extensions that can be granted by the court is not limited.
4. The order shall state whether the defendant is to be taken into custody by a peace officer for a violation of the terms stated in the order.
5. The court may order that the defendant pay the plaintiff’s attorney fees and court costs.
6. An order or consent agreement under this section shall not affect title to real property.
7. A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all persons and the county sheriff previously notified.
8. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
9. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.
2017 Acts, ch 121, §10; 2022 Acts, ch 1042, §3, 4
Referred to in §236A.8, 236A.19, 331.424, 664A.4, 915.22, 915.50
For restrictions concerning issuance of mutual protective orders, see §236A.20
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