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Violations of the No-Contact Order

If you are subject to a no-contact order as a part of your pre-trial release or as a condition of probation, then you should know about the mechanisms that law enforcement officers and prosecutors have to enforce the no-contact order.

Law enforcement officers and prosecutors often consider the alleged violation of a no contact or other protection order by a defendant is an indication of increased threat of violence to a domestic abuse victim.

Many of these issue arise in cases involving an allegation of domestic violence, stalking, harassment, domestic abuse assault, or sexual violence. 


Contempt Proceedings under Iowa Code §664A.7

When a no-contact order issued as part of a criminal case has been violated by the defendant, the prosecutor or county attorney might decide to initiate contempt proceedings or criminal charges under Iowa Code §664A.7. 

When a protective order issued pursuant to a petition filed under Iowa Code §236.3 (2007) or a valid foreign protective order as provided under Iowa Code §236.19 (2007) has been violated, the prosecutor or county attorneys might initiate contempt proceedings in the name or on behalf of the county or state. 


Stalking Charges under Iowa Code §708.11

In some cases, the prosecutor might also bring stalking charges under Iowa Code §708.11. 


Revoke Pre-trial Release 

The prosecutor or county attorney in Iowa can also seek to revoke or modify the conditions of release under Chapter 811. If the no-contact order was a condition of probation, then the prosecutor might pursue probation violation proceedings. 


Probation Violation Proceedings

If the no-contact order was a condition of probation, then the prosecutor might pursue probation violation proceedings. 


Stalking Charges under Iowa Code §708.11

The prosecutor might also file a criminal charge under Iowa Code § 664A.7(2007) or stalking under Iowa Code §708.11. 


Chapter 236 "Pro Se" Petitioners

Although prosecutors do not typically assist a party in a Chapter 236 proceeding, Iowa Code §236.3B does permit the county attorney to aid in the filing of victims’ pro se petitions.


Referrals to the United States Attorney's Office

In some cases, a federal law might have been broken. In those cases, the prosecutor might refer the case of no contact, pretrial release, and probation violations involving firearms to the United States Attorney's Office for review of potential federal firearms charges.


Charging the Alleged Victim with Aiding and Abetting 

In some cases, the prosecutor might also threaten the alleged victim in the case with a prosecution for “aiding and abetting” the defendant in a no contact violation. Such threats are often counter-productive because it has a chilling effect for future reporting of abuse by the victim and other victims.

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