664A.1 DEFINITIONS.
For purposes of this chapter:
1. "No-contact order" means a court order issued in a
criminal proceeding requiring the defendant to have no contact with
the alleged victim, persons residing with the alleged victim, or
members of the alleged victim's immediate family, and to refrain from
harassing the alleged victim, persons residing with the alleged
victim, or members of the alleged victim's family.
2. "Protective order" means a protective order issued
pursuant to chapter 232, a court order or court-approved consent
agreement entered pursuant to chapter 236, including a valid foreign
protective order under section 236.19, subsection 3, a temporary or
permanent protective order or order to vacate the homestead under
chapter 598, or an order that establishes conditions of release or is
a protective order or sentencing order in a criminal prosecution
arising from a domestic abuse assault under section 708.2A, or a
civil injunction issued pursuant to section 915.22.
3. "Victim" means a person who has suffered physical,
emotional, or financial harm as a result of a public offense, as
defined in section 701.2, committed in this state. Section History: Recent Form
2006 Acts, ch 1101, §5; 2007 Acts, ch 180, §4
664A.2 APPLICABILITY.
1. This chapter applies to no-contact orders issued for
violations or alleged violations of sections 708.2A, 708.7, 708.11,
709.2, 709.3, and 709.4, and any other public offense for which there
is a victim.
2. A protective order issued in a civil proceeding shall be
issued pursuant to chapter 232, 236, 598, or 915. Punishment for a
violation of a protective order shall be imposed pursuant to section
664A.7. Section History: Recent Form
2006 Acts, ch 1101, §6; 2007 Acts, ch 180, §5
Referred to in § 664A.3, 664A.5, 664A.7, 664A.8
664A.3 ENTRY OF TEMPORARY NO-CONTACT ORDER.
1. When a person is taken into custody for contempt proceedings
pursuant to section 236.11 or arrested for any public offense
referred to in section 664A.2, subsection 1, and the person is
brought before a magistrate for initial appearance, the magistrate
shall enter a no-contact order if the magistrate finds both of the
following:
a. Probable cause exists to believe that any public offense
referred to in section 664A.2, subsection 1, or a violation of a
no-contact order, protective order, or consent agreement has
occurred.
b. The presence of or contact with the defendant poses a
threat to the safety of the alleged victim, persons residing with the
alleged victim, or members of the alleged victim's family.
2. Notwithstanding chapters 804 and 805, a person taken into
custody pursuant to section 236.11 or arrested pursuant to section
236.12 may be released on bail or otherwise only after initial
appearance before a magistrate as provided in chapter 804 and the
rules of criminal procedure or section 236.11, whichever is
applicable.
3. A no-contact order issued pursuant to this section shall be
issued in addition to any other conditions of release imposed by a
magistrate pursuant to section 811.2. The no-contact order has force
and effect until it is modified or terminated by subsequent court
action in a contempt proceeding or criminal or juvenile court action
and is reviewable in the manner prescribed in section 811.2. Upon
final disposition of the criminal or juvenile court action, the court
shall terminate or modify the no-contact order pursuant to section
664A.5.
4. A no-contact order requiring the defendant to have no contact
with the alleged victim's children shall prevail over any existing
order which may be in conflict with the no-contact order.
5. A no-contact order issued pursuant to this section shall
restrict the defendant from having contact with the victim, persons
residing with the victim, or the victim's immediate family. Section History: Recent Form
2006 Acts, ch 1101, §7; 2007 Acts, ch 180, §6
Referred to in § 664A.5, 709.22, 915.50
664A.4 NOTICE OF NO-CONTACT ORDER.
1. The clerk of the district court or other person designated by
the court shall provide a copy of the no-contact order to the victim
pursuant to this chapter and chapter 915.
2. The clerk of the district court shall provide a notice and
copy of the no-contact order to the appropriate law enforcement
agencies and the twenty-four-hour dispatcher for the law enforcement
agencies in the same manner as provided in section 236.5. The clerk
of the district court shall provide a notice and copy of a
modification or vacation of a no-contact order in the same manner.
Section History: Recent Form
2006 Acts, ch 1101, §8
664A.5 MODIFICATION -- ENTRY OF PERMANENT NO-CONTACT
ORDER.
If a defendant is convicted of, receives a deferred judgment for,
or pleads guilty to a public offense referred to in section 664A.2,
subsection 1, or is held in contempt for a violation of a no-contact
order issued under section 664A.3 or for a violation of a protective
order issued pursuant to chapter 232, 236, 598, or 915, the court
shall either terminate or modify the temporary no-contact order
issued by the magistrate. The court may enter a no-contact order or
continue the no-contact order already in effect for a period of five
years from the date the judgment is entered or the deferred judgment
is granted, regardless of whether the defendant is placed on
probation. Section History: Recent Form
2006 Acts, ch 1101, §9; 2007 Acts, ch 180, §7
Referred to in § 664A.3, 708.2A
664A.6 MANDATORY ARREST FOR VIOLATION OF NO-CONTACT
ORDER -- IMMUNITY FOR ACTIONS.
1. If a peace officer has probable cause to believe that a person
has violated a no-contact order issued under this chapter, the peace
officer shall take the person into custody and shall take the person
without unnecessary delay before the nearest or most accessible
magistrate in the judicial district in which the person was taken
into custody.
2. If the peace officer is investigating a domestic abuse assault
pursuant to section 708.2A, the officer shall also comply with
sections 236.11 and 236.12.
3. A peace officer shall not be held civilly or criminally liable
for acting pursuant to this section provided the peace officer acts
in good faith and on reasonable grounds and the peace officer's acts
do not constitute a willful or wanton disregard for the rights or
safety of another. Section History: Recent Form
2006 Acts, ch 1101, §10; 2007 Acts, ch 180, §8
664A.7 VIOLATION OF NO-CONTACT ORDER OR PROTECTIVE
ORDER -- CONTEMPT OR SIMPLE MISDEMEANOR PENALTIES.
1. Violation of a no-contact order issued under this chapter or a
protective order issued pursuant to chapter 232, 236, or 598,
including a modified no-contact order, is punishable by summary
contempt proceedings.
2. A hearing in a contempt proceeding brought pursuant to this
section shall be held not less than five and not more than fifteen
days after the issuance of a rule to show cause, as determined by the
court.
3. If convicted of or held in contempt for a violation of a
no-contact order or a modified no-contact order for a public offense
referred to in section 664A.2, subsection 1, or held in contempt of a
no-contact order issued during a contempt proceeding brought pursuant
to section 236.11, the person shall be confined in the county jail
for a minimum of seven days. A jail sentence imposed pursuant to
this subsection shall be served on consecutive days. No portion of
the mandatory minimum term of confinement imposed by this subsection
shall be deferred or suspended. A deferred judgment, deferred
sentence, or suspended sentence shall not be entered for a violation
of a no-contact order, modified no-contact order, or protective order
and the court shall not impose a fine in lieu of the minimum
sentence, although a fine may be imposed in addition to the minimum
sentence.
4. If convicted or held in contempt for a violation of a civil
protective order referred to in section 664A.2, the person shall
serve a jail sentence. A jail sentence imposed pursuant to this
subsection shall be served on consecutive days. A person who is
convicted of or held in contempt for a violation of a protective
order referred to in section 664A.2 may be ordered by the court to
pay the plaintiff's attorney's fees and court costs.
5. Violation of a no-contact order entered for the offense or
alleged offense of domestic abuse assault in violation of section
708.2A or a violation of a protective order issued pursuant to
chapter 232, 236, 598, or 915 constitutes a public offense and is
punishable as a simple misdemeanor. Alternatively, the court may
hold a person in contempt of court for such a violation, as provided
in subsection 3.
6. A person shall not be held in contempt or convicted of
violations under multiple no-contact orders, protective orders, or
consent agreements, for the same set of facts and circumstances that
constitute a single violation. Section History: Recent Form
2006 Acts, ch 1101, §11; 2007 Acts, ch 180, §9, 10
Referred to in § 598.16, 598.41, 664A.2, 907.3
664A.8 EXTENSION OF NO-CONTACT ORDER.
Upon the filing of an application by the state or by the victim of
any public offense referred to in section 664A.2, subsection 1 which
is filed within ninety days prior to the expiration of a modified
no-contact order, the court shall modify and extend the no-contact
order for an additional period of five years, unless the court finds
that the defendant no longer poses a threat to the safety of the
victim, persons residing with the victim, or members of the victim's
family. The number of modifications extending the no-contact order
permitted by this section is not limited. Section History: Recent Form
2006 Acts, ch 1101, §12; 2007 Acts, ch 180, §11