236.5 - DISPOSITION.
236.5 DISPOSITION.
1. Upon a finding that the defendant has engaged in domestic
abuse:
a. The court may order that the plaintiff, the defendant, and
the children who are members of the household receive professional
counseling, either from a private source approved by the court or
from a source appointed by the court. Costs of counseling shall be
paid in full or in part by the parties and taxed as court costs. If
the court determines that the parties are unable to pay the costs,
they may be paid in full or in part from the county treasury.
b. The court may grant a protective order or approve a
consent agreement which may contain but is not limited to any of the
following provisions:
(1) That the defendant cease domestic abuse of the plaintiff.
(2) That the defendant grant possession of the residence to the
plaintiff to the exclusion of the defendant or that the defendant
provide suitable alternate housing for the plaintiff.
(3) That the defendant stay away from the plaintiff's residence,
school, or place of employment.
(4) The awarding of temporary custody of or establishing
temporary visitation rights with regard to children under eighteen.
(a) In awarding temporary custody or temporary visitation rights,
the court shall give primary consideration to the safety of the
victim and the children.
(b) If the court finds that the safety of the victim or the
children will be jeopardized by unsupervised or unrestricted
visitation, the court shall condition or restrict visitation as to
time, place, duration, or supervision, or deny visitation entirely,
as needed to guard the safety of the victim and the children.
(c) The court shall also investigate whether any other existing
orders awarding custody or visitation rights should be modified.
(5) Unless prohibited pursuant to 28 U.S.C. § 1738B, that the
defendant pay the clerk a sum of money for the separate support and
maintenance of the plaintiff and children under eighteen.
2. An order for counseling, a protective order, or approved
consent agreement shall be for a fixed period of time not to exceed
one year. The court may amend or extend its order or a consent
agreement at any time upon a petition filed by either party and after
notice and hearing. The court may extend the order if the court,
after hearing at which the defendant has the opportunity to be heard,
finds that the defendant continues to pose a threat to the safety of
the victim, persons residing with the victim, or members of the
victim's immediate family. At the time of the extension, the parties
need not meet the requirement in section 236.2, subsection 2,
paragraph "d", that the parties lived together during the last
year if the parties met the requirements of section 236.2, subsection
2, paragraph "d", at the time of the original order. The number
of extensions that can be granted by the court is not limited.
3. The order shall state whether a person is to be taken into
custody by a peace officer for a violation of the terms stated in the
order.
4. The court may order that the defendant pay the plaintiff's
attorney fees and court costs.
5. An order or consent agreement under this section shall not
affect title to real property.
6. A copy of any order or approved consent agreement shall be
issued to the plaintiff, the defendant, the county sheriff of the
county in which the order or consent decree is initially entered, and
the twenty-four-hour dispatcher for the county sheriff. Any
subsequent amendment or revocation of an order or consent agreement
shall be forwarded by the clerk to all individuals and the county
sheriff previously notified.
7. The clerk shall notify the county sheriff and the
twenty-four-hour dispatcher for the county sheriff in writing so that
the county sheriff and the county sheriff's dispatcher receive
written notice within six hours of filing the order, approved consent
agreement, amendment, or revocation. The clerk may fulfill this
requirement by sending the notice by facsimile or other electronic
transmission which reproduces the notice in writing within six hours
of filing the order.
8. The county sheriff's dispatcher shall notify all law
enforcement agencies having jurisdiction over the matter and the
twenty-four-hour dispatcher for the law enforcement agencies upon
notification by the clerk. Section History: Early Form
[C81, § 236.5] Section History: Recent Form
83 Acts, ch 123, § 93, 209; 86 Acts, ch 1179, § 1; 87 Acts, ch
154, § 2, 3; 89 Acts, ch 85, §1; 91 Acts, ch 218, §7, 8; 91 Acts, ch
219, §3; 93 Acts, ch 157, §4; 95 Acts, ch 180, § 11; 96 Acts, ch
1019, § 1; 97 Acts, ch 175, § 228; 99 Acts, ch 57, §1; 2006 Acts, ch
1129, §2; 2008 Acts, ch 1032, §39, 40; 2009 Acts, ch 133, §222
Referred to in § 236.6, 236.19, 331.424, 598.16, 598.41, 598.42,
664A.4, 708.2A, 915.22, 915.50
For restrictions concerning issuance of mutual protective orders,
see § 236.20