dacv019573 - petition for relief from domestic abuse

8/10/2019 DACV019573 - Petition for Relief From Domestic Abuse

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11 24 2014

:46 7122975082

CALHOUN

CLERK

P A G E

01/03

FILE

201U

MOV

2U

&HI0

:

5

02811 DACV019573

ORDER

OF PROTECTION

Judge:Gary L, McMinimee

County

SA C

State IOWA

Thisorderca n be verified

during

business

hours with

TEMPORARYPROTECTIVEORDER

S A C

County

C lerk or

Section

236.3Petition)

at any time with the

S A C

County Sheri f fs

ISSUEDATE:

11/24/14

officeat: (712)662-7791

P E T I T I O N E R / P R O T E C T E D

P A R T Y :

Other

Protected

Persons:

CHRISTOPHER

MICHAEL RIEDELL

V S .

R E S P O N D E N T / D E F E N D A N T : R E S P O N D E N T

Date

of Birth

Address

for

Respondent

(not

shared

with

Protected

Party)

411 W. 1st Street, Wall Lake, IA

51466

It has jurisdiction over the parties and subject

matter.

Additional finding are set

forth

below.

THE

COURT

HEREBY ORDERS:

The above named Respondent is restrained from committing further acts of abuse or threats of

abuse. The above named Respondentisrestrained from any contactwith the Petitioner/Protected

party. Additional terms of this order and exceptions to the above provisions are as setforth

below.

Thisorder iseffectiveuponservice on respondent. Itshallremain in effect untilmodified, terminated

or superseded by a later writtenorder,or until the

dismissal

of thecase,but in no event for more than

one year.

ISARTJINGSTO^KPONDENT:

Thisorder shall be enforced, even

without

registration, by the courts of any state, the District

of

Columbia,

and 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. Only the court can change this order.

NOTICE FOR LAWENFORCEMENT:

CAUTION :

If checked,

FIREARMSWARNING

for Law Enforcement

The Respondentwillbe

providedwithreasonable

notice and opportunity to be

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11 24 2014 11:46 7122975082

CALHOUN

CLERK

PAGE

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heard. See

page

2 paragraph

8.

The

court has con sidered the petit ion for R elief from D ome stic

A b u se

and finds

that

a temporary

protective order under Iowa C ode section 236.4(2) is

necessary

to protect the protected party named

above.

Therefore, the court O R D E R S as follows:

1. R espo nde nt shall not threaten, ass ault, stalk, molest, attack, ha rass, or otherwise abus e

the protected party. R espo nde nt shall not use, orattemptto use , or threaten to u se physic al force

against the protected partythatwould reasona bly be expected to c au se bodily injury.

2.

R espon den t shall stay awa y from the protected party an d shall not be in

that

party s presence

except in a courtroom during court hearings.

3.

R esponde nt shall not communicate with the protected party in pe rson or through ny mea ns

including

third

persons. This restriction shall not prohibit communication through legal counsel.

4.

The protected party sha ll have exclusive possession of the residence located at 411 W. 1st

S t reet , Wa l l

L a k e ,

IA 51466. R espo nde nt shall not go to, enter, occ upy or remain in

that

residence

or any other reside nce in which the protected party is staying, under any c ircumstance. Respondent

shallturn

over to the she riff all devic es

that

allow

access

or entry to the residence or outbuildings (for

example,

keys or garage openers).

Respondentma y enter the residen ce once in the comp any of a pea ce officer to retrieve

responde nt s clothing and work-related items. The law enforcement age ncy shall contact the

protected party to provide notice of the intentof the respondent to return to the reside nce and to

accommodate

the safety concerns of the protected party.

5. If

checked,

the protected party shall have the rightto exclusive use and

possession

of the

vehicleuntil furtherorder of the court, and the sheriff shall take cu stody of the resp onden t s key s to

the vehicle u pon service of this order. S heriff will

turn

vehicle keys over to the protected party.

0 6. If

checked,

the protected party is granted temporary custody of these children

(list

names and

ages):

Aiden Riedel l ,5/16/11and Damian R iedel l, 8/16/08

If the children are not presently in the care of the protected party, the children shall be returned to the

protected party s cu stody at the following time and m anner:

Respondent

shall bring child to S ac C ounty Sherif f s off ice in S a c C ity within4 hours of being serve d

with this O rder.

Unless

modified by order filed in this p roceeding or in a juven ile court procee ding affecting the sa me

children, this temporary order sha ll prevail over any other existing custody order. The iss ue of

visitation will be addressed at the hearing mentioned below. Until such time, responde nt shall not

contact these children and sh all not contact the protected party about visitation.

6. The parties have no children together.

7. A R E S P O N D E N T W H O V I O L A T E S THIS O R D E R F A C E S

I M M E D I A T E A R R E S T ,

Violation

may occ ur even if the protected party c onse nts to conductthat is prohibited by this order. O nly the

court can relieve respondent from the restrictions contained in this order.

8 . A hearing on the petition al leging Dom est ic A bu se is sc he du led on 12/01/2014 at 11:00

A M a t the S ac C o . C ourth ous e, 100 NW S tate St . , S ac C ity, Iowa. , to decide if a f inal protective

order should be en tered. Fa ilure of the respondent to ap pea r may result in a final protective order

being entered aga inst the responde nt. Fa ilure of the protected party to appe ar may result in the

case

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7122975082

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being

dismissed.

E a c h party ha s the rightto be represented by an attorney at this hea ring. Th e

parties shall bring cop ies of any existing c hild custody orders to the h earing.

9.

The court finds, pursuant to Iowa C ode section 236.10,that to protect the safety or privacy of

the protected party and/or the protected party s children, the clerk of court shall until furtherorder of

the court (check any

that

apply):

0 se al the entire file from public access, other than court orders and c hild support payment records .

0 se al the following p ortion(s) of the file from pu blic

a c c e s s : .

P redact protected party s ac tual addres s and location information prior to pu blic dissem ination

of court orders, child support payment records, and other records av ailable at the c lerk s office or

through the Iowa CourtInformationS ystem ( ICIS ).

Whe ther or not any boxes are che cke d above , the indices ava ilable at the clerk s office or

through Iowa Courts

Information

S ystem (ICIS ) shall remain open.

10 .

The R espon den t may be required to relinquish all firearms, offensive

weapons,

and

amm unition upon issu an ce of a_p_ermanent protective order.

0 The C ounty S heriff

shall

serve and returnservice upon the responde nt, the petit ion/motion and

this order

- f^r+k,

0 The clerk of court shall provide copie s of this order to the parties and law enforceme nt age nc ies ,

pursuant to Iowa C ode sect ions 236.5(5) an d 664A.4.

N O T I C E :

If you have a disability and need assistance to participate in court proceedings, p lease

call

the A D A C oordinator at

641-421-0990.

If

y ou

are hearing impaired, call R elay Iowa T TY at

1-800-735-2942.

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