236.11 - DUTIES OF PEACE OFFICER -- MAGISTRATE.
236.11 DUTIES OF PEACE OFFICER -- MAGISTRATE.
A peace officer shall use every reasonable means to enforce an
order or court-approved consent agreement entered under this chapter,
a temporary or permanent protective order or order to vacate the
homestead under chapter 598, an order that establishes conditions of
release or is a protective order or sentencing order in a criminal
prosecution arising from a domestic abuse assault, or a protective
order under chapter 232. If a peace officer has reason to believe
that domestic abuse has occurred, the peace officer shall ask the
abused person if any prior orders exist, and shall contact the
twenty-four hour dispatcher to inquire if any prior orders exist. If
a peace officer has probable cause to believe that a person has
violated an order or approved consent agreement entered under this
chapter, a temporary or permanent protective order or order to vacate
the homestead under chapter 598, an order establishing conditions of
release or a protective or sentencing order in a criminal prosecution
arising from a domestic abuse assault, or, if the person is an adult,
a violation of a protective order under chapter 232, the peace
officer shall take the person into custody and shall take the person
without unnecessary delay before the nearest or most accessible
magistrate in the judicial district in which the person was taken
into custody. The magistrate shall make an initial preliminary
determination whether there is probable cause to believe that an
order or consent agreement existed and that the person taken into
custody has violated its terms. The magistrate's decision shall be
entered in the record.
If a peace officer has probable cause to believe that a person has
violated an order or approved consent agreement entered under this
chapter, a temporary or permanent protective order or order to vacate
the homestead under chapter 598, an order establishing conditions of
release or a protective or sentencing order in a criminal prosecution
arising from a domestic abuse assault, or a protective order under
chapter 232, and the peace officer is unable to take the person into
custody within twenty-four hours of making the probable cause
determination, the peace officer shall either request a magistrate to
make a determination as to whether a rule to show cause or arrest
warrant should be issued, or refer the matter to the county attorney.
If the magistrate finds probable cause, the magistrate shall order
the person to appear either before the court which issued the
original order or approved the consent agreement, or before the court
in the jurisdiction where the alleged violation took place, at a
specified time not less than five days nor more than fifteen days
after the initial appearance under this section. The magistrate
shall cause the original court to be notified of the contents of the
magistrate's order.
A peace officer shall not be held civilly or criminally liable for
acting pursuant to this section provided that the peace officer acts
in good faith, on probable cause, and the officer's acts do not
constitute a willful and wanton disregard for the rights or safety of
another. Section History: Early Form
[C81, § 236.11] Section History: Recent Form
86 Acts, ch 1179, § 2; 87 Acts, ch 154, §5; 88 Acts, ch 1065, §2;
88 Acts, ch 1218, §17, 18; 91 Acts, ch 218, §10; 93 Acts, ch 157, §6;
96 Acts, ch 1134, § 4; 2004 Acts, ch 1131, §3
Referred to in § 664A.3, 664A.6, 664A.7