Iowa Affidavit To Start Contempt Proceedings Based On Chapter 236 Protective Order
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How to fill out Iowa Affidavit To Start Contempt Proceedings Based On Chapter 236 Protective Order?
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FAQ
If a party is found to have violated a court order, the court can find the party in contempt and may require the party serve up to 30 days in jail. The court also has alternative measures to try to gain the party's compliance with an order.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
A party seeking a protective order under chapter 236 must prove by a preponderance of the evidence that the respondent committed ?domestic abuse.? Iowa Code § 236.4(1) provides that ?the plaintiff must prove the allegation of domestic abuse by a preponderance of the evidence.? Also, Iowa Code § 236.5 provides that
If the parties agree to a protective order by consent, there is no need to present evidence, and the judge does not need to find the Respondent guilty of committing physical abuse. The Petitioner will still get the same protections offered in a permanent protective order.
Upon a finding that the defendant has engaged in domestic abuse: 1. The court may order that the plaintiff, the defendant, and the children who are members of the household receive professional counseling, either from a private source approved by the court or from a source appointed by the court.
How can I get a no-contact order in a criminal case against a person who has harmed me? If a criminal charge has been filed, you should contact the county attorney's office and request a no-contact order. Your request will then be set for a hearing, and you will be notified of the hearing date and time.
Commencement of actions ? waiver to juvenile court. Plaintiffs proceeding pro se ? provision of forms and assistance.
If the court finds you violated the orders, you can face anywhere from seven days to 180 days in jail for each violation. You are required to pay for each night in jail as well. In Polk County, this fee is $75 per night plus "administrative" fees.