19

Petition for Relief From Domestic Abuse - DACV019509

Embed Size (px)

Citation preview

Page 1: Petition for Relief From Domestic Abuse - DACV019509
Page 2: Petition for Relief From Domestic Abuse - DACV019509

ORDER OF PROTECTION

This order can be verifiedduring business hours with

SAC County Clerk orat any time with the

SAC County Sheriff's office at: (712) 662-7791

02811 DACV019509 Judge: Kurt J. Stoebe

County SAC State IOWA

TEMPORARY PROTECTIVE ORDER(Section 236.3 Petition)

ISSUE DATE: 04/10/14

PETITIONER/PROTECTED PARTY:

ALMA L HANSENVS.

Other Protected Persons:

RESPONDENT/DEFENDANT:MICHAEL AARON HANSEN

RESPONDENT Date of BirthAddress for Respondent (not shared withProtected Party)

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter. Additional finding are set forth below. THE COURT HEREBY ORDERS:The above named Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow. This order is effective upon service on respondent. It shall remain in effect until modified, terminatedor superseded by a later written order, or until the dismissal of the case, but in no event for more thanone year.

WARNINGS TO RESPONDENT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C 2265. Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18U.S.C. 2262. Only the court can change this order.

NOTICE FOR LAW ENFORCEMENT:

CAUTION :

If checked,FIREARMS WARNINGfor Law Enforcement

The Respondent will beprovided with reasonablenotice and opportunity to beheard. See page 2, paragraph8.

1 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 3: Petition for Relief From Domestic Abuse - DACV019509

The court has considered the petition for Relief from Domestic Abuse and finds that a temporaryprotective order under Iowa Code section 236.4(2) is necessary to protect the protected party namedabove. Therefore, the court ORDERS as follows: 1. Respondent shall not threaten, assault, stalk, molest, attack, harass, or otherwise abusethe protected party. Respondent shall not use, or attempt to use, or threaten to use physical forceagainst the protected party that would reasonably be expected to cause bodily injury. 2. Respondent shall stay away from the protected party and shall not be in that party's presenceexcept in a courtroom during court hearings. 3. Respondent shall not communicate with the protected party in person or through ny meansincluding third persons. This restriction shall not prohibit communication through legal counsel. 4. The protected party shall have exclusive possession of the residence located at . Respondent shall not go to, enter, occupy or remain in that residence or any other residence in whichthe protected party is staying, under any circumstance. Respondent shall turn over to the sheriffall devices that allow access or entry to the residence or outbuildings (for example, keys or garageopeners). 6. If checked, the protected party is granted temporary custody of these children (list namesand ages):Lillian E. Hansen, DOB 02/05/2013If the children are not presently in the care of the protected party, the children shall be returned to theprotected party's custody at the following time and manner:Visitation may be arranged through relatives.Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the samechildren, this temporary order shall prevail over any other existing custody order. The issue ofvisitation will be addressed at the hearing mentioned below. Until such time, respondent shall notcontact these children and shall not contact the protected party about visitation. 6. The parties have no children together. 7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violationmay occur even if the protected party consents to conduct that is prohibited by this order. Only thecourt can relieve respondent from the restrictions contained in this order. 8. A hearing on the petition alleging Domestic Abuse is scheduled on 04/21/2014 at 2:00PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. , to decide if a final protectiveorder should be entered. Failure of the respondent to appear may result in a final protective orderbeing entered against the respondent. Failure of the protected party to appear may result in the casebeing dismissed. Each party has the right to be represented by an attorney at this hearing. Theparties shall bring copies of any existing child custody orders to the hearing. 9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy ofthe protected party and/or the protected party's children, the clerk of court shall until further order ofthe court (check any that apply):

seal the entire file from public access, other than court orders and child support payment records. seal the following portion(s) of the file from public access: . redact protected party's actual address and location information prior to public dissemination

of court orders, child support payment records, and other records available at the clerk's office orthrough the Iowa Court Information System (ICIS). 2 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 4: Petition for Relief From Domestic Abuse - DACV019509

Whether or not any boxes are checked above, the indices available at the clerk's office orthrough Iowa Courts Information System (ICIS) shall remain open. 10. The Respondent may be required to relinquish all firearms, offensive weapons, andammunition upon issuance of a permanent protective order.

The County Sheriff shall serve and return service upon the respondent, the petition/motion andthis 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, pleasecall the ADA Coordinator at 641-421-0990. If you are hearing impaired, call Relay Iowa TTY at1-800-735-2942.

3 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 5: Petition for Relief From Domestic Abuse - DACV019509

State of Iowa CourtsCase Number Case TitleDACV019509 ALMA L MONTES VS MICHAEL A HANSENType: OTHER ORDER

So Ordered

Electronically signed on 2014-04-10 13:26:35

4 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 6: Petition for Relief From Domestic Abuse - DACV019509

ORDER OF PROTECTION

This order can be verifiedduring business hours with

SAC County Clerk orat any time with the

SAC County Sheriff's office at: (712) 662-7791

02811 DACV019509 Judge: Kurt J. Stoebe

County SAC State IOWA

TEMPORARY PROTECTIVE ORDER(Section 236.3 Petition)

ISSUE DATE: 04/10/14

PETITIONER/PROTECTED PARTY:

ALMA L HANSENVS.

Other Protected Persons:

RESPONDENT/DEFENDANT:MICHAEL AARON HANSEN

RESPONDENT Date of BirthAddress for Respondent (not shared withProtected Party)

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter. Additional finding are set forth below. THE COURT HEREBY ORDERS:The above named Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow. This order is effective upon service on respondent. It shall remain in effect until modified, terminatedor superseded by a later written order, or until the dismissal of the case, but in no event for more thanone year.

WARNINGS TO RESPONDENT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C 2265. Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18U.S.C. 2262. Only the court can change this order.

NOTICE FOR LAW ENFORCEMENT:

CAUTION :

If checked,FIREARMS WARNINGfor Law Enforcement

The Respondent will beprovided with reasonablenotice and opportunity to beheard. See page 2, paragraph8.

1 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 7: Petition for Relief From Domestic Abuse - DACV019509

The court has considered the petition for Relief from Domestic Abuse and finds that a temporaryprotective order under Iowa Code section 236.4(2) is necessary to protect the protected party namedabove. Therefore, the court ORDERS as follows: 1. Respondent shall not threaten, assault, stalk, molest, attack, harass, or otherwise abusethe protected party. Respondent shall not use, or attempt to use, or threaten to use physical forceagainst the protected party that would reasonably be expected to cause bodily injury. 2. Respondent shall stay away from the protected party and shall not be in that party's presenceexcept in a courtroom during court hearings. 3. Respondent shall not communicate with the protected party in person or through ny meansincluding third persons. This restriction shall not prohibit communication through legal counsel. 4. The protected party shall have exclusive possession of the residence located at . Respondent shall not go to, enter, occupy or remain in that residence or any other residence in whichthe protected party is staying, under any circumstance. Respondent shall turn over to the sheriffall devices that allow access or entry to the residence or outbuildings (for example, keys or garageopeners). 6. If checked, the protected party is granted temporary custody of these children (list namesand ages):Lillian E. Hansen, DOB 02/05/2013If the children are not presently in the care of the protected party, the children shall be returned to theprotected party's custody at the following time and manner:Visitation may be arranged through relatives.Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the samechildren, this temporary order shall prevail over any other existing custody order. The issue ofvisitation will be addressed at the hearing mentioned below. Until such time, respondent shall notcontact these children and shall not contact the protected party about visitation. 6. The parties have no children together. 7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violationmay occur even if the protected party consents to conduct that is prohibited by this order. Only thecourt can relieve respondent from the restrictions contained in this order. 8. A hearing on the petition alleging Domestic Abuse is scheduled on 04/21/2014 at 2:00PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. , to decide if a final protectiveorder should be entered. Failure of the respondent to appear may result in a final protective orderbeing entered against the respondent. Failure of the protected party to appear may result in the casebeing dismissed. Each party has the right to be represented by an attorney at this hearing. Theparties shall bring copies of any existing child custody orders to the hearing. 9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy ofthe protected party and/or the protected party's children, the clerk of court shall until further order ofthe court (check any that apply):

seal the entire file from public access, other than court orders and child support payment records. seal the following portion(s) of the file from public access: . redact protected party's actual address and location information prior to public dissemination

of court orders, child support payment records, and other records available at the clerk's office orthrough the Iowa Court Information System (ICIS). 2 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 8: Petition for Relief From Domestic Abuse - DACV019509

Whether or not any boxes are checked above, the indices available at the clerk's office orthrough Iowa Courts Information System (ICIS) shall remain open. 10. The Respondent may be required to relinquish all firearms, offensive weapons, andammunition upon issuance of a permanent protective order.

The County Sheriff shall serve and return service upon the respondent, the petition/motion andthis 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, pleasecall the ADA Coordinator at 641-421-0990. If you are hearing impaired, call Relay Iowa TTY at1-800-735-2942.

3 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 9: Petition for Relief From Domestic Abuse - DACV019509

State of Iowa CourtsCase Number Case TitleDACV019509 ALMA L MONTES VS MICHAEL A HANSENType: OTHER ORDER

So Ordered

Electronically signed on 2014-04-10 13:26:35

4 of 4

E-FILED 2014 APR 10 1:26 PM SAC - CLERK OF DISTRICT COURT

Page 10: Petition for Relief From Domestic Abuse - DACV019509

ORDER OF PROTECTION

This order can be verifiedduring business hours with

SAC County Clerk orat any time with the

SAC County Sheriff'soffice at: (712) 662-7791

02811 DACV019509 Judge: Thomas J. Bice

County SAC State IOWA

FINAL DOMESTIC ABUSEPROTECTIVE ORDER

(Section 236.3 Petition)

ISSUE DATE: 04/21/14

PETITIONER/PROTECTED PARTY:ALMA L HANSEN

VS.

Other Protected Persons:

RESPONDENT/DEFENDANT:MICHAEL AARON HANSEN

CAUTION: If checked, FIREARMSWARNING for LawEnforcement

RESPONDENT Date of BirthAddress for Respondent (not shared withProtected Party)404 Walnut Street, Early, Iowa

THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter and the respondent has been provided withreasonable notice and opportunity to be heard. Additional finding are set forth below. THE COURT HEREBY ORDERS:The above named Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow. This order shall remain in effect until April 21, 2015 (one year from today's date) unless it is modified,terminated, extended, or superseded by written order of the court, or until the dismissal of the case.

WARNINGS TO RESPONDENT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S.C. 2265. Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18U.S.C. 2262. Only the court can change this order. Federal and state laws provide penalties for possessing, transporting, shipping, or receivingany firearm or ammunition. (18 U.S. C. 992(g)(8)); Iowa Code Section 724.26(2)(a).

1 of 4

E-FILED 2014 APR 21 3:00 PM SAC - CLERK OF DISTRICT COURT

Page 11: Petition for Relief From Domestic Abuse - DACV019509

Only the court can change this order.

On 04/21/14, a hearing was held on the Petition for relief from domestic Abuse. The followingpersons were present and participated in the hearing: Petitioner, Attorney Jim Schall, andRespondent. The court FINDS by a preponderance of the evidence: (1) Respondent was personally served with a copy of the petition and the temporary protectiveorder containing notice of this hearing. (2) Respondent committed a domestic abuse assault against the protected party named above. (3) Respondent represents a credible threat to the physical safety of the protected party. Therefore, pursuant to Iowa Code Chapter 236, the court ORDERS as follows: 1. Respondent shall not threaten, assault, stalk, molest, attack, harass or otherwise abusethe protected party. Respondent shall not use, or attempt to use, or threaten to use physical forceagainst the protected party that would reasonably be expected to cause bodily injury. 2. Respondent shall stay away from the protected party and shall not be in that party'spresence, except in a courtroom during court hearings. 3. Respondent shall not communicate with the protected party in person or through any meansincluding third persons. This restriction shall not prohibit communication through legal counsel. 4. The protected party shall have exclusive possession of the residence located at 419 WestSixth Street, Storm Lake, Iowa. Respondent shall not go to, enter, occupy or remain in that residenceor any other residence in which the protected party is staying, under any circumstance. 5. The Petitioner is granted temporary custody of the children (list names and ages) Lillian E.Hansen (D/B February 5, 2013). Respondent is granted visitation with these children as follows(specify time, places and method of implementation of visitation):The terms of visitation will be set out by subsequent Order.. The respondent shall not otherwise contact these children and shall not contact the protected partyabout visitation except as provided in this order. 6. Respondent shall not posses, ship, transport or receive firearms, offensive weapons, orammunition while this order is in effect pursuant to Iowa Code section 724.26(2)(a). Respondentshall deliver all firearms, offensive weapons, and ammunition to the SAC County Sheriff or on orbefore service of this Order . The respondent is advised that the issuance of this protective ordermay also affect the right to possess or acquire a firearm or ammunition under federal law 18 U.S.C.sections 922(d)(8), (g)(8). 7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violationmay occur even if the protected party consents to conduct that is prohibited by this order. Only thecourt can relieve respondent from the restrictions contained in this order.

8. If checked, court costs are assessed against respondent. 9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy ofthe protected party and/or the protected party's children, the clerk of court shall, until further order ofthe court (check all that apply):

seal the entire file from public access, other than court orders and child support payment records. seal the following portion(s) of the file from public access: . redact protected party's actual address and location information prior to public dissemination

of court orders, child support payment records, and other records available at the clerk's office orthrough the Iowa Court Information System (ICIS).

2 of 4

E-FILED 2014 APR 21 3:00 PM SAC - CLERK OF DISTRICT COURT

Page 12: Petition for Relief From Domestic Abuse - DACV019509

Whether or not any boxes are checked above, the indices available at the clerk's office orthrough the Iowa Court Information System (ICIS) remain open.

The County Sheriff shall serve and return service upon the respondent. Respondent was personally served with a copy of this order by the court. 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, pleasecall the ADA Coordinator at 712-279-6035. If you are hearing impaired, call Relay Iowa TTY at1-800-735-2942.

3 of 4

E-FILED 2014 APR 21 3:00 PM SAC - CLERK OF DISTRICT COURT

Page 13: Petition for Relief From Domestic Abuse - DACV019509

State of Iowa CourtsCase Number Case TitleDACV019509 ALMA L MONTES VS MICHAEL A HANSENType: PROTECTIVE ORDER

So Ordered

Electronically signed on 2014-04-21 15:01:02

4 of 4

E-FILED 2014 APR 21 3:00 PM SAC - CLERK OF DISTRICT COURT

Page 14: Petition for Relief From Domestic Abuse - DACV019509

2RCV12IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ALMA L HANSEN , Plaintiff, vs. MICHAEL AARON HANSEN , Defendant.

Case No. 02811 DACV019509 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM

(The court reporter shall file this memorandum with the district court clerk.)

Appearances: For Plaintiff/Petitioner: Pro SeFor Defendant/Respondent: Jim SchallOther: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Michelle Phillips, am providing the following information as required by Iowa Rule of Civil Procedure1.903(3): 1. The type of proceeding that was reported: 236 2. The date(s) on which the proceeding occurred: April 21, 2014 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and the official courtreporter who, by order of the Court, reported the same, do hereby certify that the above and foregoingis the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause madeand taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section624.10. /s/Michelle Phillips _________________________________________

1 of 2

E-FILED 2014 APR 21 3:18 PM SAC - CLERK OF DISTRICT COURT

Page 15: Petition for Relief From Domestic Abuse - DACV019509

State of Iowa CourtsCase Number Case TitleDACV019509 ALMA L MONTES VS MICHAEL A HANSENType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered

Electronically signed on 2014-04-21 15:18:30

2 of 2

E-FILED 2014 APR 21 3:18 PM SAC - CLERK OF DISTRICT COURT

Page 16: Petition for Relief From Domestic Abuse - DACV019509

E-FILED 2014 APR 22 8:34 AM SAC - CLERK OF DISTRICT COURT

Page 17: Petition for Relief From Domestic Abuse - DACV019509

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

PETITIONER,ALMA HANSEN ) No.DACV019509

) ADENDUM TO FINAL

v. DOMESTIC ABUSE ORDER

)

)

RESPONDENT, MICHAEL

HANSEN

)

THE COURT, being advised that the Parties have reached agreement with regard

to the visitation rights of the Respondent during the imposition of the Protective Order

filed April 21, 2014, HEREBY ORDERS:

Respondent shall be awarded visitation of the Parties’ child, Lillian Hansen, two

consecutive days each week, which coincides with the Respondent's days off from

work. Petitioner shall deliver the child to the Respondent's parents, Doug and

Tina Hansen, who reside at 509 Larchwood Dr., Storm Lake, Iowa, prior to the

time that Respondent gets off work.

Respondent will deliver the child to his parent's residence, at the close of

Respondent's visitation period by 11:00 AM, prior to returning to work.

This visitation arrangement takes into account that Respondent has two days off

from work each week, but the specific days change month- to- month.

Additional visitation is approved to coordinate with family events of the

Respondent.

E-FILED 2014 APR 22 8:39 AM SAC - CLERK OF DISTRICT COURT

Page 18: Petition for Relief From Domestic Abuse - DACV019509

E-FILED 2014 APR 22 8:39 AM SAC - CLERK OF DISTRICT COURT

Page 19: Petition for Relief From Domestic Abuse - DACV019509

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleDACV019509 ALMA L MONTES VS MICHAEL A HANSEN

So Ordered

Electronically signed on 2014-04-22 08:39:58 page 3 of 3

E-FILED 2014 APR 22 8:39 AM SAC - CLERK OF DISTRICT COURT