Iowa Code 664A.7 – Violation of no-contact order or protective order — contempt or simple misdemeanor penalties
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 664A.7
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Rule: includes "regulation". See Iowa Code 4.1
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, 235F, 236, 236A, 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 § 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to § 236.11 or 236A.12, 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 § 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 § 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 § 708.2A or for the offense or alleged offense of older individual assault in violation of § 708.2D, or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 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.
2006 Acts, ch 1101, §11; 2007 Acts, ch 180, §9, 10; 2014 Acts, ch 1107, §26; 2017 Acts, ch
121, §32; 2022 Acts, ch 1132, §14; 2023 Acts, ch 66, §148
Referred to in §598.41, 598C.305, 664A.2, 907.3
Subsection 5 amended
1. Violation of a no-contact order issued under this chapter or a protective order issued
pursuant to chapter 232, 235F, 236, 236A, 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 § 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to § 236.11 or 236A.12, 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 § 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 § 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 § 708.2A or for the offense or alleged offense of older individual assault in violation of § 708.2D, or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 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.
2006 Acts, ch 1101, §11; 2007 Acts, ch 180, §9, 10; 2014 Acts, ch 1107, §26; 2017 Acts, ch
121, §32; 2022 Acts, ch 1132, §14; 2023 Acts, ch 66, §148
Referred to in §598.41, 598C.305, 664A.2, 907.3
Subsection 5 amended