Iowa Code 664A.3 – Entry of temporary no-contact order
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Terms Used In Iowa Code 664A.3
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
664A.3 Entry of temporary no-contact order.
1. When a person is taken into custody for contempt proceedings pursuant to section
236.11, taken into custody pursuant to § 236A.12, or arrested for any public offense referred to in § 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 § 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 § 236.11 or 236A.12 or arrested pursuant to § 236.12, 709.2, 709.3, or 709.4 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 § 236.11 or 236A.12, 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 § 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 § 811.2. Upon final disposition of the criminal or juvenile court action, the court shall terminate or modify the no-contact order pursuant to § 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.
6. A no-contact order issued pursuant to this section shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent no-contact order pursuant to § 664A.5.
2006 Acts, ch 1101, §7; 2007 Acts, ch 180, §6; 2010 Acts, ch 1083, §3; 2017 Acts, ch 121, §28,
29; 2022 Acts, ch 1043, §1
Referred to in §664A.5, 709.22, 915.50, 915.50A
1. When a person is taken into custody for contempt proceedings pursuant to section
236.11, taken into custody pursuant to § 236A.12, or arrested for any public offense referred to in § 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 § 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 § 236.11 or 236A.12 or arrested pursuant to § 236.12, 709.2, 709.3, or 709.4 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 § 236.11 or 236A.12, 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 § 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 § 811.2. Upon final disposition of the criminal or juvenile court action, the court shall terminate or modify the no-contact order pursuant to § 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.
6. A no-contact order issued pursuant to this section shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent no-contact order pursuant to § 664A.5.
2006 Acts, ch 1101, §7; 2007 Acts, ch 180, §6; 2010 Acts, ch 1083, §3; 2017 Acts, ch 121, §28,
29; 2022 Acts, ch 1043, §1
Referred to in §664A.5, 709.22, 915.50, 915.50A