February 2007 Form 4.13: No Contact Order (Criminal Prosecution of Harassment § 708.7, Stalking § 708.11, Sexual Abuse § 709.2, § 709.3, or § 709.4 February 2007 American LegalNet, Inc. www.FormsWorkflow.com February 2007 6 No Contact Order (Criminal Prosecution of Harassment § 708.7, Stalking § 708.11, Sexual Abuse § 709.2, § 709.3, or § 709.4) (cont’d) On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant’s appearance, the court finds there is probable cause to believe that a violation of [ ] Iowa Code section 708.7 [ ] Iowa Code section 708.11 [ ] Iowa Code section 709.2, 709.3, or 709.4 has occurred and 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 immediate family. [ ] If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. § 921(a)(32) (“‘intimate partner’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person”). IF CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms. Therefore, the court orders as follows: 1. Defendant shall not communicate with the protected party in person or through any means including third persons. This restriction shall not prohibit communication through legal counsel. 2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected party. Defendant shall stay away from the protected party and shall not be in that party’s presence except in a courtroom during court hearings. 3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party’s family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. [ ] 4. If checked, defendant may enter the shared residence once in the company of a peace officer to retrieve defendant’s clothing and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected party. [ ] 5. If checked, additional directives . [ ] 6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of release. Defendant shall deliver all firearms to the County Sheriff or (law enforcement agency) on or before , 20 . The defendant is advised that the issuance of this protective order may also affect the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. §§ 922(d)(8), (g)(8). 7. This protective order is in effect immediately. The order may be extended prior to expiration or at sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party (ies) consent(s) to prohibited contact. Only the court may release defendant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an award of personal or real property to either the defendant or the protected party. [ ] 10. Bond is set at $ . [ ] 11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed. JUDGE, JUDICIAL DISTRICT [ ] Defendant was personally served with a copy of this order by the court. [ ] The clerk of court shall provide copies of this order to the protected party, county attorney, defendant, counsel of record (if any) and the County Sheriff as required by Iowa Code sections 236.5(5) and 664A.4. [ ] The County Sheriff shall serve and return service of this order upon defendant. NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at ( ) . If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942. February 2007 American LegalNet, Inc. www.FormsWorkflow.com