709.19 No-contact order upon defendant’s release from jail or prison. 1. Upon the filing of an affidavit by a victim, or a parent or guardian on behalf of a minor who is a victim, of a crime that is a sexual offense in violation of section 709.2, 709.3, 709.4,709.8, 709.9, 709.11, 709.12, 709.14, 709.15, or 709.16, that states that the presence of orcontact with the defendant whose release from jail or prison is imminent or who has beenreleased from jail or prison continues to pose a threat to the safety of the victim, personsresiding with the victim, or members of the victim’s immediate family, the court shall entera temporary no-contact order which shall require the defendant to have no contact with thevictim, persons residing with the victim, or members of the victim’s immediate family. 2. A temporary restraining order issued under this section shall expire at such time as the court directs, not to exceed ten days from the date of issuance. The court, for good causeshown before expiration of the order, may extend the expiration date of the order for up toten days, or for a longer period agreed to by the adverse party. 3. te of issuance. The court, for good causeshown before expiration of the order, may extend the expiration date of the order for up toten days, or for a longer period agreed to by the adverse party. 3. Upon motion of the party, the court shall issue a no-contact order which shall require the defendant to have no contact with the victim, persons residing with the victim, or membersof the victim’s immediate family if the court, after a hearing, finds by a preponderance of theevidence, that the defendant poses a threat to the safety of the victim, persons residing withthe victim, or members of the victim’s immediate family. 4. A no-contact order shall set forth the reasons for the issuance of the order, be specific in terms, and describe in reasonable detail the purpose of the order. 5. The court shall set the duration of the no-contact order for the period it determines is necessary to protect the safety of the victim, persons residing with the victim, or members ofthe victim’s immediate family, but the duration shall not be set for a period in excess of oneyear from the date of the issuance of the order. e victim, persons residing with the victim, or members ofthe victim’s immediate family, but the duration shall not be set for a period in excess of oneyear from the date of the issuance of the order. The victim, at any time within ninety daysbefore the expiration of the order, may apply for a new no-contact order under this section. 6. Violation of a no-contact order issued under this section constitutes contempt of court and may be punished by contempt proceedings. 2002 Acts, ch 1085, §1; 2003 Acts, ch 108, §113No-contact orders, see chapter 664A Sat Dec 23 12:28:32 2023 Iowa Code 2024, Section 709.19 (16, 0)
Iowa Legal Code