February 2007 Form 4.5: Temporary Protective Order (Ex Parte) (Iowa Code Chapter 598) February 2007 American LegalNet, Inc. www.FormsWorkflow.com February 2007 0 Temporary Protective Order (Ex Parte) (Iowa Code Chapter 598) (cont’d) On this that the day of , 20 , in a proceeding under Iowa Code chapter 598, a finding was made , hereinafter designated as protected party, (petitioner or respondent) (name) should be accorded protection from hereinafter designated (petitioner or respondent) (name) as defendant. The court finds that the protected party or the children are in imminent danger of physical harm. The court further finds that the protection to be accorded to the protected party is of the type and for the reasons that this order should be furnished to the dispatcher designated in Iowa Code sections 236.5(5) and 664A.4, and violation of this order should be grounds for arrest under Iowa Code section 236.11. Therefore, the court ORDERS as follows: 1. Defendant shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party. 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. 2. 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. 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. 4. The protected party shall have exclusive possession of the residence located at . Defendant shall not go to, enter, occupy or remain in that residence or any other residence in which the protected party is staying, under any circumstance. Defendant shall turn over to the sheriff all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). Defendant may enter the residence once in the company of a peace officer to retrieve defendant’s clothing and work-related items. 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, the protected party shall have the right to exclusive use and possession of the vehicle until further order of the court, and the sheriff shall take custody of defendant’s keys to the vehicle upon service of this order. Sheriff will turn vehicle keys over to the protected party. 6. The protected party is granted temporary custody of these children (list names and ages): . If the children are not presently in the care of protected party, the children shall be returned to the protected party’s custody at the following time and in the following manner: . Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the same children, this temporary order shall prevail over any other existing custody order. The issue of visitation will be addressed at the hearing mentioned below. Until such time, defendant shall not contact these children and shall not contact the protected party about visitation. [ ] 7. If checked, the defendant shall not possess firearms while this order is in effect. 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). 8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party consents to conduct that is prohibited by this order. Only the court can relieve defendant from the restrictions contained in this order. 9. This order is entered ex parte. A hearing will be held on , 20 , at o’clock .m. at the County Courthouse, Room , in , Iowa, to decide if this order should remain in effect while this action is pending. Failure of the defendant to appear may result in this order remaining in effect while the dissolution action is pending. Failure of the protected party to appear may result in the cancellation of this order. Each party has the right to be represented by an attorney at this hearing. JUDGE, JUDICIAL DISTRICT [ ] The County Sheriff shall serve and shall return service upon the defendant, the petition/motion and this order at least two days before the hearing. [ ] The clerk of court shall provide copies of this order to the parties and law enforcement agencies, pursuant to Iowa Code sections 236.5(5) and 664A.4. 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