dacv019576 - order of protection

8/10/2019 DACV019576 - Order of Protection

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DACV163195 GOMEZ RIEDELL VS RIEDELL

Binder Information

Created For:Jeffrey Poulson

Created By:Gordon, Christina

Created Date:12-05-2014

Updated By:Gordon, Christina

Updated Date:12-05-2014

Generated:12-05-2014

Event Date:12-05-2014

Expires:

E-FILED 02811 DACV019576 - 2014 DEC 05 02:00 PM SACCLERK OF DISTRICT COURT Page 1 of 9


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IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

GOMEZ RIEDELL, BALBINAVS RIEDELL, CHRISTOPHER

Case No. 03971 DACV163195

Clerk's Certificate of Transmission to District Court of Sac County

I, the undersigned Clerk of District Court or designee, do hereby certify as follows:

Case Security:

The ICIS case level security of this matter is:0

All of the case record in this matter is public record

All or part of the case record in this matter is confidential under Iowa law:

Juvenile Record, including children and families in need of assistance, termination of parental rights and certain

confidential delinquency actions

Involuntary Hospitalization of Persons with Mental Illness Record

Involuntary Commitment or Treatment of Chronic Substance Abuse Record

Pending Dissolution of Marriage Record

While this case type is public record, certain documents are confidential or sealed

Probate

Other:

Document Security:

The security level for the documents in this binder is 0. The event/document security table is shown at the end of thiscertificate.

Transmission of Record:

The record is being transmitted to the District Clerk of Court of Sac County in the following format(s):

Fully electronic format (attached)

Part electronic/part non-electronic

Partially electronic format (attached in binder)

Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:

The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the

only upon specific request:

Other:

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Dated: December 5, 2014 /s/CGORDON

Clerk of Court/Designee

WOODBURY County

EDMS/ICIS event and document security levels:

0 Public

1 Confidential - accessible by case parties

2 Confidential - accessible by self-represented litigants

3 Confidential - accessible by attorneys on the case

4 Confidential - accessible by county attorney

5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court

office)6 (Not designated)

7 (Not designated)

8 Expunged - accessible by judges, magistrates and clerks of court

9 Sealed - accessible by judges and clerks of court

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IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

BALBINA GOMEZ RIEDELL Plaintiff/Petitioner,VSCHRISTOPHER MICHAEL RIEDELL Defendant/Respondent.


Order

On December 3, 2014, the Court entered a temporary protective order and granted plaintiff temporarycustody of two minor children. The Court has become aware that the defendant has filed his ownpetition for relief from domestic abuse in Sac County, Case DACV019573 and that the defendant hasbeen awarded temporary custody in that proceeding.

A hearing has been set for December 15, 2014, at 11:00 o'clock am. This petition shall be heard inSac County at the same time. The balance of the December 3, 2014, temporary protective orderremains in effect until further order of Court.

In light of this new information the Court hereby amends its December 3, 2014, protective order toprovide that temporary custody shall remain with the defendant.

Venue properly lies in Sac County and this case is hereby transfered to Sac County.

The protected party now advises the Court that she should have checked the blank indicating that lawenforcement receive a firearms warning. This information shall be provided to the Sac County Sheriff.

So ordered.Copy provided to Defendant/Respondent.

Copy provided to Plaintiff/Petitioner.

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E-FILED 2014 DEC 04 9:57 AM WOODBURY - CLERK OF DISTRICT COURTE-FILED 02811 DACV019576 - 2014 DEC 05 02:00 PM SACCLERK OF DISTRICT COURT Page 4 of 9


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State of Iowa Courts

Case Number Case TitleDACV163195 GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHERType: OTHER ORDER

So Ordered

Electronically signed on 2014-12-04 09:56:29

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3J0040

ORDER OF PROTECTION

This order can be verified during businesshours with Woodbury County Clerk ofCourt at 712-279-6611 or anytime with

the Sioux City Records at 712-279-6440

03971 DACV163195Judge: Jeffrey L. Poulson

County WOODBURYState IOWA

TEMPORARY PROTECTIVE ORDER(Section 236.3 Petition)

ISSUE DATE: 12/03/14

PETITIONER/PROTECTED PARTY:BALBINA GOMEZ RIEDELL

VS.

Other Protected Persons:Aiden Riedell and Damian Riedell

RESPONDENT/DEFENDANT:CHRISTOPHER MICHAEL RIEDELL

RESPONDENT Date of BirthAddress for Respondent (not shared withProtected Party)411 W 1st Wall Lake Iowa

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 Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow.This order is effective upon service on respondent. It shall remain in effect until modified, terminatedor superseded by a later written order, or until the dismissal of the case, but in no event for more than

one year.WARNINGS TO RESPONDENT:This order shall be enforced, even without registration, by the courts of any state, the Districtof 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. 18U.S.C. 2262. Only the court can change this order.

NOTICE FOR LAW ENFORCEMENT:

CAUTION :

If checked,FIREARMS WARNING

The Respondent will beprovided with reasonable

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for Law Enforcement notice and opportunity to beheard. See page 2, paragraph8.

The court has considered the petition for Relief from Domestic Abuse and finds that a temporaryprotective order under Iowa Code section 236.4(2) is necessary to protect the protected party namedabove. Therefore, the court ORDERS as follows: 1. Respondent shall not threaten, assault, stalk, molest, attack, harass, or otherwise abusethe protected party. Respondent shall not use, or attempt to use, or threaten to use physical forceagainst the protected party that would reasonably be expected to cause bodily injury. 2. Respondent shall stay away from the protected party and shall not be in that party's presenceexcept in a courtroom during court hearings. 3. Respondent shall not communicate with the protected party in person or through any meansincluding third persons. This restriction shall not prohibit communication through legal counsel.

4. The protected party shall have exclusive possession of the residence located at whereverlocated.Respondent shall not go to, enter, occupy or remain in that residence or any other residence inwhich the protected party is staying, under any circumstance. Respondent shall turn over to thesheriff all devices that allow access or entry to the residence or outbuildings (for example, keys orgarage openers). Respondent may enter the residence once in the company of a peace officer toretrieve respondent's clothing and work-related items. The law enforcement agency shall contactthe protected party to provide notice of the intent of the respondent to return to the residence and toaccommodate the safety concerns of the protected party.

5. If checked, the protected party shall have the right to exclusive use and possession of the2001 white Jeepvehicle until further order of the court, and the sheriff shall take custody of the respondent's keys tothe vehicle upon service of this order. Sheriff will turn vehicle keys over to the protected party.

6. If checked, the protected party is granted temporary custody of these children (list namesand ages):Aiden Riedell age 5 Damian Riedell age 3If the children are not presently in the care of the protected party, the children shall be returned to theprotected party's custody at the following time and 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 ofvisitation will be addressed at the hearing mentioned below. Until such time, respondent shall notcontact these children and shall not contact the protected party about visitation. 7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violationmay occur even if the protected party consents to conduct that is prohibited by this order. Only thecourt can relieve respondent from the restrictions contained in this order. 8. A hearing on Domestic Abuse is scheduled on 12/17/2014 at 8:45 AM at the WoodburyCo Courthouse, 620 Douglas St, Sioux City, IA. ,to decide if a final protective order shouldbe entered. Failure of the respondent to appear may result in a final protective order beingentered against the respondent. Failure of the protected party to appear may result in the case

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being dismissed. Each party has the right to be represented by an attorney at this hearing. Theparties shall bring copies of any existing child custody orders to the hearing. 9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy ofthe protected party and/or the protected party's children, the clerk of court shall, until further order ofthe 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 access: .

redact protected party's actual address and location information prior to public disseminationof court orders, child support payment records, and other records available at the clerk's office orthrough the Iowa Court Information System (ICIS). Whether or not any boxes are checked above, the indices available at the clerk's office orthrough Iowa Courts Information System (ICIS) shall remain open. 10. The Respondent may be required to relinquish all firearms, offensive weapons, andammunition upon issuance of a permanent protective order.

The SacCounty Sheriff shall serve and return service upon the respondent, the petition/motion andthis order at least two days before the hearing.

The clerk of court shall provide copies of this order to the parties and law enforcement agencies,pursuant to Iowa Code sections 236.5(5) and 664A.(4).NOTICE: If you have a disability and need assistance to participate in court proceedings, pleasecall the ADA Coordinator at 712-279-6035. If you are hearing impaired, call Relay Iowa TTY at1-800-735-2942.

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Case Number Case TitleDACV163195 GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHERType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Balbina Gomez RiedellPlaintiff/Protected Party,

vs.

Christopher Michael RiedellRespondent.

CASE NO. DACV019576

APPEARANCE

Iowa Legal Aid appears on behalf of the Protected Party, Balbina Gomez Riedell, in thismatter.

Respectfully submitted,

/s/Jennifer H. Wilkerson ________Jennifer H. Wilkerson AT0009071

Attorney for Protected PartyIowa Legal Aid

520 Nebraska Street, Suite 337Sioux City, Iowa 51101-1316

Phone: 712-277-8686Fax: 712-277-2554

[email protected]

PROOF OF SERVICE

I certify that a copy of the above was or will be served upon

all parties or their attorneys at their last known

addresses on December 12, 2012, by:

__X__ U.S. Mail ____ FAX

__X__ Hand Delivered ____ Overnight Courier

____ Federal Express ____ Certified Mail

__X__ Other: EDMS

Signature: /s/Jennifer H. Wilkerson

E-FILED 2014 DEC 12 1:45 PM SAC - CLERK OF DISTRICT COURT


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Effective date January 30, 2007

Form 4.3: Protective Order by Consent Agreement (Section 236.3 Petition).

RESPONDENT/DEFENDANT:

Christopher Michael RiedellFirst Middle Last

CAUTION:If checked,

FIREARMS WARNING

for Law Enforcement

RESPONDENT/DEFENDANT:

Balbia !o"e# Riedell

First Middle Last

CAUTION:If checked,

FIREARMS WARNING

for Law Enforcement

PETITIONER/PROTECTED PART$:

Christopher Michael Riedell

First Middle Last

%&

RESPONDENT Date of Birth

_________________________________________________Address for Respondent (not shared address with Protected Part

_________________________________________________

_________________________________________________

Order o' Protectio

This order can "e #erified d$rin% "$siness ho$rs with the Sac

&o$nt &ler' of &o$rt at )*+,,*+-)or anti.e with the

Sac &o$nt Sheriff/s Depart.ent at )*+,,*+)*0

DACV019576 and DACV019573&ase No0

1$d%e ___________________________________________(print or tpe na.e here!

&o$ntSAC

State IO(A

MUTUA) PROTECTI%E ORDERB$ CONSENT A!REEMENT

*Sectio +,-&, Petitio.

2SS3EDATE4

)*5)65)7

PETITIONER/PROTECTED PART$:

Balbia !o"e# RiedellFirst Middle Last

%&

Other Protected Persons4

_________________________________________________

_________________________________________________

_________________________________________________



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TE COURT EREB$ FINDS:2t has 8$risdiction o#er the parties and s$"8ect .atter9 and the Respondent has "een pro#ided with reasona"le notice andopport$nit to "e heard0 Additioal 'idi0s are set 'orth belo1&

TE COURT EREB$ ORDERS:

The a"o#e na.ed Parties are restrained fro. co..ittin% f$rther acts of a"$se or threats of a"$se0The a"o#e na.ed Parties are restrained fro. an contact with the other Part0Additioal ter"s o' this order ad e2ceptios to the abo3e pro3isios are as set 'orth belo1&

This order shall re.ain in effect $ntil )*5)65)6 (one ear fro. toda/s date! $nless it is .odified9 ter.inated9 e:tended9 ors$perseded " written order of the co$rt9 or $ntil the dis.issal of the case0

(ARNIN!S TO RESPONDENT:This order shall be e'orced4 e3e 1itho5t re0istratio4 b6 the co5rts o' a6 state4 the District o' Col5"bia6 U&S& Territor64 ad a6 tribal 75risdictio *89 U&S&C& ++-;.& Crossi0 state4 territorial4 or tribalbo5daries to 3iolate this order "a6 res5lt i 'ederal i"priso"et *89 U&S&C& ++-+.&

Federal la1 pro3ides pealties 'or possessi04 trasporti04 shippi04 or recei3i0 a6 'irear" ora""5itio *89 U&S&C&


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On this )6 da of Dece."er9 *;)79 a hearin% was sched$led in this .atter on the Petition for Relief fro. Do.estic A"The followin% persons were present and a%reed to entr of this Protecti#e Order " &onsent A%ree.ent4 Bal"ina il'erson? &hristopher Riedell and his attorne Br$ce Bec'er0

The co$rt F2NDS " a preponderance of the e#idence4()! Both parties were personall ser#ed with a cop of the petition and the te.porar protecti#e order containin% notic

his hearin%0(*! The parties appeared and each consented to the entr of this order0

(! 2f chec'ed9 the respondent co..itted a do.estic a"$se assa$lt a%ainst the protected part0 (7! 2f chec'ed9 the co$rt finds the respondent and protected part .eet the definition of inti.ate partners as defined i

30S0&0 -*)(a!(*! (inti.ate partner/ .eans9 with respect to a person9 the spo$se of the person9 a for.er spo$se of the per

n indi#id$al who is a parent of a child of the person9 and an indi#id$al who coha"itates or has coha"ited with the personG!0IF *=. IS CEC>ED4 the co5rt "5st chec? bo2 -4 prohibiti0 the respodet 'ro" possessi0 'irear"s&

Therefore9 p$rs$ant to 2owa &ode &hapter *,9 the co$rt ORDERS as follows4)0 Neither part shall not threaten9 assa$lt9 stal'9 .olest9 attac'9 harass or otherwise a"$se the other part0 Neither p

hall not $se9 or atte.pt to $se9 or threaten to $se phsical force a%ainst the protected part that wo$ld reasona"l "e e:pectea$se "odil in8$r0

*0 Neither shall not co..$nicate with the other part in person or thro$%h an .eans incl$din% third persons0 estriction shall not prohi"it co..$nication thro$%h le%al co$nsel0

0 The Parties shall ha#e e:cl$si#e possession of the residence located at where#er the reside0 Neither part shall %nter9 occ$p or re.ain in that residence or an other residence in which the other part is stain%9 $nder an circ$.stance0

70 (2nsert additional pro#isions e:pressl li.itin% contact9 if an9 incl$din% li.itations on access to protected part/s scr wor'place!4_________________________________________________________________________________________

60 The plaintiff5protected part is %ranted te.porar c$stod of these children (list na.es and a%es!4 To be decide5rther order o' the co5rt0

The defendant5respondent is %ranted #isitation with these children as follows (specif ti.es9 places and .ethod of i.ple.entaf #isitation!4__To be decided b6 '5rther co5rt order&_________________________________0

The respondent shall not otherwise contact these children and shall not contact the protected part a"o$t #isitation e:cepro#ided in this order0

,0 2f chec'ed9 the respondent shall not possess firear.s while this order is in effect0 Respondent shall deli#er all fireao the _____________________ &o$nt Sheriff or ____________________________________ (law enforce.ent a%enc! onefore ______________________9 *;____0 The respondent is ad#ised that the iss$ance of this protecti#e order .a also aff

he ri%ht to possess or acH$ire a firear. or a..$nition $nder federal law0 )C 30S0&0 -**(d!(C!9 (%!(C!00A RESPONDENT (O %IO)ATES TIS ORDER FACES IMMEDIATE ARREST& Iiolation .a occ$r e#en if the

rotected part consents to cond$ct that is prohi"ited " this order0 Onl the co$rt can relie#e respondent fro. the restrictions

ontained in this order0

C0 This order is effecti#e i..ediatel0 -0 2f chec'ed9 co$rt costs are assessed a%ainst respondent0

);0 The co$rt finds9 p$rs$ant to 2owa &ode section *,0);9 that to protect the safet or pri#ac of the protected partnd5or the protected part/s children9 the cler' of co$rt shall9 $ntil f$rther order of the co$rt (chec' an that appl!

@ seal the entire file fro. p$"lic access9 other than co$rt orders and child s$pport pa.ent records0@ seal the followin% portion(s! of the file fro. p$"lic access4 _________________________________________________________________________________________________________________________________________@ redact protected part/s act$al address and location infor.ation prior to p$"lic disse.ination of co$rt orders9 child

$pport pa.ent records9 and other records a#aila"le at the cler'/s office or thro$%h the 2owa &o$rt 2nfor.ation Sste. (2&2S!>hether or not an "o:es are chec'ed a"o#e9 the indices a#aila"le at the cler'/s office or thro$%h the 2owa &o$rt

nfor.ation Sste. (2&2S! shall re.ain open0



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Type: ORDER FOR CONSENT DECREE

Case Number Case Title

DACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL

So Ordered

Electronically signed on 2014-12-16 14:15:19 page 4 of 4



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CHRISTOPHER MICHAEL RIEDELL, )

)

Plaintiff, ) Case No. DAC!"#$%&

)'s. ) ORDER)

(AL(INA OME* RIEDELL, )

)

Defen+ant. )

)

(AL(INA OME* RIEDELL, )

)

Plaintiff, )

)

's. ))

CHRISTOPHER MICHAEL RIEDELL, )

)

Defen+ant. )

On December 5, 2014, petitions for relief from domestic abuse came on for

hearing in the two above captioned cases. The parties represented the were going to

submit a proposed consent decree resolving all issues e!cept for the issue of the custod

of D."., born in 2011, and visitation. The parties indicated that the consent decree would

include no finding of domestic abuse and no finding that the parties were intimate

partners. The proposed consent decree has been submitted and approved. The purpose of

this order is to address the matter of D.".#s phsical care and visitation.

The parties have been married for about four ears and are the parents of, D.".,

age three ears and ten months. On $ovember 22, 2014, the parties had a heated

argument. %hristopher called &11. 'albina then left the marital home with D.".

(he did not tell %hristopher where she was going. (he too) D.". with her to a shelter in

*oodbur %ount. %hristopher continued to reside in the marital home in *all +a)e



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with his si!earold son -."., a child from another relationship. %hristopher had no

contact with D.". until 'albina, pursuant to a %ourt order, transferred care to him on

December 1, 2014.

'albina is twenteight ears old. (he has continued to reside in *oodbur

%ount since $ovember 22, 2014, but represents that she intends to return to the *all

+a)e area. (he apparentl ma)es and sells craft items. (he is not otherwise emploed.

(he has no driver#s license. (he is a citien of /e!ico. er parents and her four siblings

reside in /e!ico. (he struggles with nglish, both in her understanding of the language

and in ma)ing herself understood. (he represents she intends to start studing nglish.

(he is not legall in this countr. (he represents she has contacted an immigration

attorne and denies an intent to ta)e D.". to /e!ico. 'albina represents she has the

support of a cousin in Denison and a few friends in the *all +a)e area. *hen the parties

were together, 'albina was the children#s primar care provider. The children did go to

/s. "adloff#s a couple times each wee) to be with other children and usuall had contact

with %hristopher#s e!tended famil on the wee)ends.

%hristopher is thirt ears old. e has lived in *all +a)e for most of his life,

being awa onl for some emploment and to attend college. %hristopher#s father lives

in *all +a)e and his mother lives in (ac %it. (he is fifteight ears old and in good

health. %hristopher has two brothers and a sister in (ac %it. -ll are supportive and

willing to assist him. e is emploed at owa (elect. e has health insurance for the

children through his emploer. e has a driver#s license.

(ince December 1, 2014, %hristopher has cared for D.". D.". stas with his

paternal grandmother when %hristopher is at wor). (he cares for other children as well.



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f she is not available, %hristopher#s brother or one of his sisters will ta)e the child. D.".

will begin ead (tart in 3anuar. %hristopher gets off wor) at 4 p.m. e spends the time

after he gets off wor) until the children#s bedtime with the children. e plas with them

and sometimes %hristopher ta)es them to visit their paternal grandfather. %hristopher

coo)s for the children, sees that the are bathed and gets them in bed b & p.m. e plans

wee)end activities. e recentl too) the bos to Des /oines for a hoc)e game. The

tic)ets were made available through his emploer.

n this %ourt#s view, %hristopher should be awarded primar phsical care of

D.". at this time, even though 'albina has previousl been his primar caregiver. D.". is

familiar with %hristopher#s home. lacing D.". with 'albina would result in the

separation of half siblings. t is unclear where 'albina is currentl living in *oodbur

%ount and it is unclear where she would live in the *all +a)e area if she were to return.

er lac) of a driver#s license would ma)e it difficult for her to transport the child.

'albina#s difficult with the nglish language and her illegal status in this countr

present her with additional challenges that would impact on the child if she were to have

his phsical care. 'albina#s e!pressed concerns about %hristopher are that he e!poses the

children to dangerous situations and does not consider the conseuences. (pecificall,

she states that he plas rough with them and e!poses them to firearms and shooting

ranges. $o evidence was presented of an in6uries or close calls or that %hristopher does

not ta)e appropriate safet measures.

ORDER

IT IS THEREFORE ORDERED-

1. %hristopher is awarded phsical care of D.".



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2. 'albina shall have visitation with D.". ever other wee)end from 7rida

at 8 p.m. to (unda at 8 p.m., commencing the wee)end of December 28, 2014.

owever, prior to an visitation being e!ercised, counsel for the parties shall agree upon

where 'albina shall e!ercise her visitation, the manner in which 'albina shall transport

the child, and where the parties shall e!change the child for visitation, and shall submit a

proposed supplemental order for this %ourt#s approval.

9. This order is sub6ect to an custodial order entered in an dissolution

action involving the parties.



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Type: OTHER ORDER

Case Number Case Title

DACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL

DACV019573 CHRIS RIEDELL VS BALBINA RIEDELL

So Ordered

Electronically signed on 2014-12-16 15:57:43 page 5 of 5



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Christopher Michael RiedellPlaintiff

vs.

Balbina Gomez RiedellDefendant.

Balbina Gomez RiedellPlaintiff

Vs.

Christopher Michael RiedellDefendant

CASE NO. DACV019573 and

DACV019576

Proposal on Visitation Terms

The parties cannot reach an agreement on the terms of Ms. Riedells visitation. Ms.

Riedell proposes the following:

1. The parties exchange the child at the home of Abby Meister.

2. An advocate from Family Crisis Center or another responsible driver with a valid

drivers license will transport Ms. Riedell to and from Abby Meisters for visitation.

3. The child will have appropriate overnight sleeping arrangements at the domestic

abuse shelter in Woodbury County until she secures a new place of residence in

the coming weeks.

Ms. Riedell is currently living in a safe place in Woodbury County. She is working with

an immigration attorney and has testified, under oath, that she has no intention of

running to Mexico with their child.

Ms. Riedell respectfully requests that the court order the above proposal and allow her

visitation to start at 6pm on Friday, December 26, 2014.



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Attorney for Balbina Gomez RiedellIowa Legal Aid520 Nebraska Street, Suite 337

Sioux City, Iowa 51101-1316Phone: 712-277-8686

Fax: [email protected]

PROOF OF SERVICE




____ U.S. Mail ____ FAX

____ Hand Delivered ____ Overnight Courier


__X__ Other: EDMS




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Christopher Michael RiedellPlaintiff

vs.

Balbina Gomez RiedellDefendant.

Balbina Gomez RiedellPlaintiff

Vs.

Christopher Michael RiedellDefendant

CASE NO. DACV019573 and

DACV019576

Motion to Strike Evidentiary Statements

and Untimely Requests.

Ms. Riedell, through her attorney, states the following in support of her Motion to Strike:

1. Mr. Riedell submitted his proposal for terms of visitation.

2. Included with this proposal was additional evidence that was never testified to in

the court hearing. This includes items: (e), (f), (g), (h), (j), (k) and (l).

3. In addition, Mr. Riedell is now asking for supervised visitation which he did not

asked the court for in the original hearing. More importantly, the court did not

order supervised visitation.

4. Mr. Riedell also never requested that Ms. Riedell be required to go to his home,

which she is not comfortable in, in order to exercise her visitation with their son in

the original hearing. This is not reasonable or practical.

5. Mr. Riedell is also now asking that Ms. Riedells passport be turned into the Sac

County Sheriffs Office for holding (along with his own). This was also not

requested during the original hearing.

Ms. Riedell respectfully requests that the Court strike the above evidentiary statements

and give no consideration to the requests not previously raised by Mr. Riedell.



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Attorney for Balbina Gomez RiedellIowa Legal Aid520 Nebraska Street, Suite 337

Sioux City, Iowa 51101-1316Phone: 712-277-8686

Fax: [email protected]

PROOF OF SERVICE




____ U.S. Mail ____ FAX



__X__ Other: EDMS




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2RCV01


BALBINA GOMEZ RIEDELL ,

PLAINTIFF(S),

vs.

CHRISTOPHER MICHAEL RIEDELL , DEFENDANT(S).


O R D E R

Because the Court did not feel it had adequate information to enter specifics regarding

visitation when it entered its custodial order in this matter, it directed the parties to agree

upon the location of visitation, the method of transport and where the child would be

exchanged for visitation. The parties have now indicated that they cannot agree.

IT IS THEREFORE ORDERED:

1. A hearing will be held on December 29, 2014, at 10:30 a.m. to determine the details

of visitation. The Motion to Strike will be heard at the same time.

2. The Clerk of Court shall arrange for an interpreter at the hearing.

CLERK TO FURNISH COPIES TO:

Counsel of Record

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E-FILED 2014 DEC 23 10:03 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleDACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELLType: OTHER ORDER

So Ordered


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BALBINA GOMEZ RIEDELL

vs.

CHRISTOPHER RIEDELL

CASE NO. DACV019576

REQUEST REGARDING INTERPRETER

CHRISTOPHER RIEDELL

vs.

BALBINA GOMEZ RIEDELL

CASE NO. DACV019573

REQUEST REGARDING INTERPRETER

Balbina Gomez Riedell, through her attorney, Jennifer Wilkerson, states the following in

support of her motion to request a different interpreter:

1. Ms. Riedell was uncomfortable with the interpretation services provided by Mike

Rosalez after the court admonished him for not interpreting exactly what was

asked.

Therefore, Ms. Riedell respectfully requests that a different interpreter be appointed for

the December 29, 2014 hearing.



Attorney for Ms. RiedellIowa Legal Aid

520 Nebraska Street, Suite 337Sioux City, Iowa 51101-1316

Phone: 712-277-8686Fax: 712-277-2554

[email protected]



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PROOF OF SERVICE




____ U.S. Mail ____ FAX



__X__ Other: EDMS




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IOWA DISTRICT COURT FOR SAC COUNTYBALBINA GOMEZ RIEDELL ,

Plaintiff,

vsCHRISTOPHER MICHAEL RIEDELL ,

Defendant.

Case No: 02811 DACV019576

ORDER APPOINTING INTERPRETER

The above entitled matter comes before the court for attention. The court is advised that theservices of an interpreter are reasonably necessary to ensure complete and accurate communicationwith a witness or the defendant and, therefore, pursuant to Iowa Ct.R. 47.2 competent interpretermust be appointed.

ORDER

IT IS THEREFORE ORDERED as follows:1. The following Class B-roster interpreter is appointed: Maria Casso Kotlarz.

2. After the close of proceedings, the interpreter shall submit a claim for compensation to the court. Aform for this purpose may be obtained from the clerk of court. The interpreter shall be paid at the ratelisted on the judicial branch webpage:http://www.iowacourts.gov/Administration/Court_Interpreters/Court_Interpreter_Compensation/3. The court finds that the defendant is indigent.

Clerk to provide notice or copies to:Plaintiff / Plaintiff's AttorneyDefendant's AttorneyDefendantInterpreter

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Case Number Case TitleDACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELLType: ORDER APPOINTING COURT INTERPRETER

So Ordered


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2RCV12IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BALBINA G RIEDELL

Plaintiff,

vs.CHRISTOPHER M RIEDELL

Defendant.


COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For Plaintiff/Petitioner: Bruce BeckerFor Defendant/Respondent: Jennifer WilkersonOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil Procedure1.903(3):

1. The type of proceeding that was reported: 236 2. The date(s) on which the proceeding occurred: December 29, 2014 3. The name of the court reporter who reported the proceeding: Tara Gibson 4. The name of the judge who presided over the proceeding: Gary McMinimee 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official courtreporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing

is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause madeand taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section624.10. /s/Tara Gibson _________________________________________

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Case Number Case TitleDACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELLType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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2RCV01


BALBINA GOMEZ RIEDELL ,

PLAINTIFF(S),

vs.

CHRISTOPHER MICHAEL RIEDELL , DEFENDANT(S).


O R D E R

These matters came before the Court on December 29, 2014. The parties appeared

with their attorneys. At that time both parties requested that the mutual protective order

by consent agreement be vacated.

IT IS THEREFORE ORDERED:

1. The mutual protective order by consent agreement entered in the above-captioned

cases is vacated.

2. The Petition in DACV019576 is dismissed without prejudice.

3. The Petition in DACV019573 is dismissed without prejudice.

4. The December 16, 2014 order regarding physical care and visitation is vacated.

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CLERK TO FURNISH COPIES TO:

Counsel of Record

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Case Number Case TitleDACV019576 BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELLType: OTHER ORDER

So Ordered



dacv019576 - order of protection

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