8/10/2019 DACV019573 - Petition for Relief From Domestic Abuse
1/4
8/10/2019 DACV019573 - Petition for Relief From Domestic Abuse
2/4
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or superseded by a later writtenorder,or until the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
1 of4
8/10/2019 DACV019573 - Petition for Relief From Domestic Abuse
3/4
11 24 2014 11:46 7122975082
CALHOUN
CLERK
PAGE
02 03
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
2 of 4
8/10/2019 DACV019573 - Petition for Relief From Domestic Abuse
4/4
11 24 2014 11:46
7122975082
CALHOUN
CLERK
PAGE 03 03
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.
3
Of
4
Top Related