236.5  Disposition.

Upon a finding that the defendant has engaged in domestic abuse:

1.  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.

2.  The court may grant a protection order or approve a consent agreement which may contain but is not limited to any of the following provisions:

a.  That the defendant cease domestic abuse of the plaintiff.

b.  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.

c.  That the defendant stay away from the plaintiff's residence, school, or place of employment.

d.  The awarding of temporary custody of or establishing temporary visitation rights with regard to children under eighteen. In awarding temporary custody or temporary visitation rights, the court shall give primary consideration to the safety of the victim and the children. 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. The court shall also investigate whether any other existing orders awarding custody or visitation rights should be modified.

e.  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.

An order for counseling, a protection order, or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing.

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.

3.  The court may order that the defendant pay the plaintiff's attorneys fees and court costs.

4.  An order or consent agreement under this section shall not affect title to real property.

5.  A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff having jurisdiction to enforce the order or consent agreement, 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. 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. 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

Internal References

  Referred to in § 236.6, 236.14, 236.19, 331.424, 598.41, 598.42, 708.2A, 708.12, 915.22, 915.50


  For restrictions concerning issuance of mutual protective orders, see § 236.20

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