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 or contact with the defendant whose release from jail or prison is imminent or who has been released from jail or prison continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family, the court shall enter a temporary no-contact order which shall require the defendant to have no contact with the victim, 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 cause shown before expiration of the order, may extend the expiration date of the order for up to ten 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 members of the victim’s immediate family if the court, after a hearing, finds by a preponderance of the evidence, that the defendant poses a threat to the safety of the victim, persons residing with the 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 of the victim’s immediate family, but the duration shall not be set for a period in excess of one year from the date of the issuance of the order. The victim, at any time within ninety days before 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, §113
No-contact orders, see chapter 664A
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 709.1 - Sexual abuse defined.
Section 709.1A - Incapacitation.
Section 709.2 - Sexual abuse in the first degree.
Section 709.3 - Sexual abuse in the second degree.
Section 709.4 - Sexual abuse in the third degree.
Section 709.5 - Resistance to sexual abuse.
Section 709.6 - Jury instructions for offenses of sexual abuse.
Section 709.7 - Detention in brothel.
Section 709.8 - Lascivious acts with a child.
Section 709.9 - Indecent exposure — masturbation.
Section 709.10 - Sexual abuse — evidence.
Section 709.11 - Assault with intent to commit sexual abuse.
Section 709.12 - Indecent contact with a child.
Section 709.13 - Child in need of assistance complaints.
Section 709.14 - Lascivious conduct with a minor.
Section 709.15 - Sexual exploitation by a counselor, therapist, or school employee.
Section 709.16 - Sexual misconduct with offenders and juveniles.
Section 709.17 - Polygraph examinations of victims or witnesses — limitations.
Section 709.18 - Sexual abuse of a corpse.
Section 709.19 - No-contact order upon defendant’s release from jail or prison.
Section 709.20 - Sexual abuse — no-contact order.
Section 709.21 - Invasion of privacy — nudity.
Section 709.22 - Prevention of further sexual assault — notification of rights.