This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
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If the crime is a serious misdemeanor, aggravated misdemeanor or a felony, you will have to sign a form requesting a hearing to cancel the No Contact Order. You will then have to appear in court on the date of the hearing and the judge will rule if the No Contact Order can be lifted.
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
If you, the victim, were to contact the defendant, through any of the means mentioned, while the No Contact Order is in place, you would be violating the Order and may be held in contempt of court. If the defendant was living with the victim, he or she must move out of the residence.
Forms to complete: Civil Case Cover Sheet (Form CM-010 ) Declaration in Support of Ex Parte Application for Civil Restraining Orders (Local form CV-5014 ) Notice of Court Hearing (Civil Harassment Prevention) (Form CH-109 ) Temporary Restraining Order (CLETS-TCH) (Form CH-110 )
You can do this by filing a ?Request to Cancel of Change a Protective Order.? This form is available for free on the Iowa Judicial Branch website at: , under the tabs ?Domestic Abuse or Violence? and ?Sexual Abuse? or at the clerk of court's office.
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.