reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.6 - Remedies.

659A.6 Remedies.
1. In an action under this chapter, a prevailing plaintiff may recover all of the following:
a. The greater of the following:
(1) Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages.
(2) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this subparagraph, consideration shall be given to all of the following:
(a) The age of the parties at the time of the disclosure or threatened disclosure.
(b) The number of disclosures or threatened disclosures made by the defendant.
(c) The breadth of distribution of the image by the defendant.
(d) Other exacerbating or mitigating factors.
b. An amount equal to any monetary gain made by the defendant from disclosure of the intimate image.
c. Punitive damages as allowed under chapter 668A.
2. In an action under this chapter, the court may award a prevailing plaintiff all of the following:
a. Reasonable attorney fees and costs.
b. Additional relief, including injunctive relief.
3. This chapter does not affect a right or remedy available under law of this state other than this chapter.
2021 Acts, ch 56, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.7 - Statute of limitations.

659A.7 Statute of limitations.
1. An action under section 659A.3, subsection 2, for:
a. An unauthorized disclosure shall not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.
b. A threat to disclose shall not be brought later than four years from the date of the threat to disclose.
2. This section is subject to section 614.8.
2021 Acts, ch 56, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.8 - Construction.

659A.8 Construction.
This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. §230.
2021 Acts, ch 56, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY › Section 659A.9 - Uniformity of application and construction.

659A.9 Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2021 Acts, ch 56, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.1 - Books and papers.

660.1 Books and papers.
The court, after such judgment, shall order the defendant to deliver over all books and papers in the defendant’s custody or under the defendant’s control belonging to said office.
[C51, §2159; R60, §3741; C73, §3354; C97, §4322; C24, 27, 31, 35, 39, §12426; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.2 - Action for damages.

660.2 Action for damages.
When judgment has been rendered in favor of the claimant, the claimant may, at any time within one year thereafter, bring an action against the defendant, and recover the damages the claimant has sustained by reason of the act of the defendant.
[C51, §2160; R60, §3742; C73, §3355; C97, §4323; C24, 27, 31, 35, 39, §12427; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.3 - Action against officers of corporation.

660.3 Action against officers of corporation.
When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby.
[C51, §2173; R60, §3755; C73, §3359; C97, §4327; C24, 27, 31, 35, 39, §12431; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.4 - Corporation dissolved.

660.4 Corporation dissolved.
If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.
[C51, §2166; R60, §3748; C73, §3360; C97, §4328; C24, 27, 31, 35, 39, §12432; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.5 - Bond.

660.5 Bond.
Said trustees shall enter into a bond in such a penalty and with such security as the court approves, conditioned for the faithful discharge of their trust.
[C51, §2167; R60, §3749; C73, §3361; C97, §4329; C24, 27, 31, 35, 39, §12433; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.6 - Action.

660.6 Action.
Action may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.
[C51, §2168; R60, §3750; C73, §3362; C97, §4330; C24, 27, 31, 35, 39, §12434; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.7 - Duty of trustees.

660.7 Duty of trustees.
The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled.
[C51, §2169; R60, §3751; C73, §3363; C97, §4331; C24, 27, 31, 35, 39, §12435; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.8 - Books delivered.

660.8 Books delivered.
The court shall, upon application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers thereof, in any wise necessary for the settlement of its affairs, to deliver the same to the trustees.
[C51, §2170; R60, §3752; C73, §3364; C97, §4332; C24, 27, 31, 35, 39, §12436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.9 - Inventory.

660.9 Inventory.
As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court an inventory, sworn to by each of them, of all the effects, rights, and credits which come to their possession or knowledge.
[C51, §2171; R60, §3753; C73, §3365; C97, §4333; C24, 27, 31, 35, 39, §12437; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.10 - Powers.

660.10 Powers.
They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come into their hands.
[C51, §2172; R60, §3754; C73, §3366; C97, §4334; C24, 27, 31, 35, 39, §12438; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 660 - QUO WARRANTO › Section 660.11 - Penalty for refusing to obey order.

660.11 Penalty for refusing to obey order.
Any person who without good reason refuses to obey an order of the court, as herein provided, shall be guilty of contempt, and shall be punished accordingly, and shall be further liable for the damages resulting to any person on account of the disobedience of the person who refuses to obey.
[C51, §2174; R60, §3756; C73, §3367; C97, §4335; C24, 27, 31, 35, 39, §12439; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.1 - Definition.

661.1 Definition.
The action of mandamus is one brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station.
[R60, §3761; C73, §3373; C97, §4341; S13, §4341; C24, 27, 31, 35, 39, §12440; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.2 - Discretion — exercise of.

661.2 Discretion — exercise of.
Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion.
[C51, §2180; R60, §3763; C73, §3373; C97, §4341; S13, §4341; C24, 27, 31, 35, 39, §12441; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.3 - Nature of action.

661.3 Nature of action.
All such actions shall be tried as equitable actions.
[S13, §4341; C24, 27, 31, 35, 39, §12442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.4 - Order issued.

661.4 Order issued.
The order may be issued by the district court to any inferior tribunal, or to any corporation, officer, or person; and by the supreme court or the court of appeals to any inferior court, if necessary, and in any other case where it is found necessary for either of those courts to exercise its legitimate power.
[C51, §2179, 2181; R60, §3761, 3764; C73, §3374; C97, §4342; C24, 27, 31, 35, 39, §12443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.5 - Auxiliary remedy.

661.5 Auxiliary remedy.
The plaintiff in any action, except those brought for the recovery of specific real or personal property, may also, as an auxiliary relief, have an order of mandamus to compel the performance of a duty established in such action.
[R60, §3767; C73, §3375; C97, §4343; C24, 27, 31, 35, 39, §12444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.6 - “Enforceable duty” defined.

661.6 “Enforceable duty” defined.
If such duty, the performance of which is sought to be compelled, is not one resulting from an office, trust, or station, it must be one for the breach of which a legal right to damages is already complete at the commencement of the action, and must also be a duty of which a court of equity would enforce the performance.
[R60, §3767; C73, §3375; C97, §4343; C24, 27, 31, 35, 39, §12445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.7 - Other plain, speedy and adequate remedy.

661.7 Other plain, speedy and adequate remedy.
An order of mandamus shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of the law, save as herein provided.
[C51, §2182; R60, §3765; C73, §3376; C97, §4344; C24, 27, 31, 35, 39, §12446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.8 - When order granted.

661.8 When order granted.
The order of mandamus is granted on the petition of any private party aggrieved, without the concurrence of the prosecutor for the state, or on the petition of the state by the county attorney, when the public interest is concerned, and is in the name of such private party or of the state, as the case may be in fact brought.
[R60, §3761; C73, §3377; C97, §4345; C24, 27, 31, 35, 39, §12447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.9 - Petition.

661.9 Petition.
The plaintiff in such action shall state the plaintiff’s claim, and shall also state facts sufficient to constitute a cause for such claim, and shall also set forth that the plaintiff, if a private individual, is personally interested therein, and that the plaintiff sustains and may sustain damage by the nonperformance of such duty, and that performance thereof has been demanded by the plaintiff, and refused or neglected, and shall pray an order of mandamus commanding the defendant to fulfill such duty.
[R60, §3762; C73, §3378; C97, §4346; C24, 27, 31, 35, 39, §12448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.10 - Other pleadings.

661.10 Other pleadings.
The pleadings and other proceedings in any action in which a mandamus is claimed shall be the same, as nearly as may be, and costs shall be recoverable by either party, as in an ordinary action for the recovery of damages.
[R60, §3766; C73, §3379; C97, §4347; C24, 27, 31, 35, 39, §12449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.12 - Injunction may issue — joinder.

661.12 Injunction may issue — joinder.
When the action is brought by a private person, it may be joined with a cause of action for such an injunction as may be obtained by ordinary proceedings, or with the causes of actions specified in this chapter, but no other joinder and no counterclaim shall be allowed.
[R60, §4181; C73, §3380; C97, §4348; C24, 27, 31, 35, 39, §12450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.12]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.13 - Peremptory order.

661.13 Peremptory order.
When the plaintiff recovers judgment, the court may include therein a peremptory order of mandamus directed to the defendant, commanding the defendant forthwith to perform the duty to be enforced, together with a money judgment for damages and costs, upon which an ordinary execution may issue.
[R60, §3768; C73, §3381; C97, §4349; C24, 27, 31, 35, 39, §12451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.13]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.14 - Form of order — return.

661.14 Form of order — return.
The order commanding the performance of the duty shall be directed to the party and shall be returnable forthwith. No return except that of compliance shall be allowed; however, the court may upon sufficient grounds allow reasonable time for making the return.
[R60, §3769; C73, §3382; C97, §4350; C24, 27, 31, 35, 39, §12452; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.14]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.15 - Performance by another — costs.

661.15 Performance by another — costs.
The court may, upon application of the plaintiff, besides or instead of proceeding against the defendant by attachment, direct that the act required to be done may be done by the plaintiff or some other person appointed by the court, at the expense of the defendant, and, upon the act being done, the amount of such expense may be ascertained by the court, or by a referee appointed by the court, and the court may render judgment for the amount of the expense and cost, and enforce payment thereof by execution.
[R60, §3770; C73, §3383; C97, §4351; C24, 27, 31, 35, 39, §12453; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.16 - Temporary orders.

661.16 Temporary orders.
During the pendency of the action, the court may make temporary orders for preventing damage or injury to the plaintiff until the action is decided.
[R60, §3771; C73, §3384; C97, §4352; C24, 27, 31, 35, 39, §12454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.16]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 661 - MANDAMUS › Section 661.17 - Appeal by state.

661.17 Appeal by state.
When the state is a party, it may appeal without security.
[R60, §3772; C73, §3385; C97, §4353; C24, 27, 31, 35, 39, §12455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.17]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.1 - Petition.

663.1 Petition.
The petition for the writ of habeas corpus must state:
1. That the person in whose behalf it is sought is restrained of the person’s liberty, and the person by whom and the place where the person is so restrained, mentioning the names of the parties, if known, and if unknown describing them with as much particularity as practicable.
2. The cause or pretense of such restraint, according to the best information of the applicant; and if by virtue of any legal process, a copy thereof must be annexed, or a satisfactory reason given for its absence.
3. That the restraint is illegal, and wherein.
4. That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best knowledge and belief of the applicant.
5. Whether application for the writ has been before made to and refused by any court or judge, and if so, a copy of the petition in that case must be attached, with the reasons for the refusal, or satisfactory reasons given for the failure to do so.
[C51, §2213; R60, §3801; C73, §3449; C97, §4417; C24, 27, 31, 35, 39, §12468; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.1]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.2 - Verification — presentation to court.

663.2 Verification — presentation to court.
The petition must be sworn to by the person confined, or by someone in the confined person’s behalf, and presented to some court or officer authorized to allow the writ.
[C51, §2214; R60, §3802; C73, §3450; C97, §4418; C24, 27, 31, 35, 39, §12469; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.2]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.3 - Writ allowed — service.

663.3 Writ allowed — service.
The writ may be allowed by the supreme or district court, or by a supreme court judge or district judge, and may be served in any part of the state.
[C51, §2215; R60, §3803; C73, §3451; C97, §4419; C24, 27, 31, 35, 39, §12470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.3]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.4 - Application — to whom made.

663.4 Application — to whom made.
Application for the writ must be made to the court or judge most convenient in point of distance to the applicant, and the more remote court or judge, if applied to therefor, may refuse the same unless a sufficient reason be stated in the petition for not making the application to the more convenient court or a judge thereof.
[C51, §2217; R60, §3805; C73, §3452; C97, §4420; S13, §4420; C24, 27, 31, 35, 39, §12471; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.4]
Referred to in §663.5, 822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.5 - Inmates of state or federal institutions.

663.5 Inmates of state or federal institutions.
When the applicant is confined in a state or federal institution, other than a penal institution, the provisions of section 663.4 relating to the court to which or the judge to whom applications must be made are mandatory, and the convenience or preference of an attorney or witness or other person interested in the release of the applicant shall not be a sufficient reason to authorize a more remote court or judge to assume jurisdiction.
[S13, §4420; C24, 27, 31, 35, 39, §12472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.5]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.6 - Writ refused.

663.6 Writ refused.
If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the court or judge must refuse to allow the writ.
[C51, §2218; R60, §3806; C73, §3453; C97, §4421; C24, 27, 31, 35, 39, §12473; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.6]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.7 - Reasons endorsed.

663.7 Reasons endorsed.
If the writ is disallowed, the court or judge shall cause the reasons thereof to be appended to the petition and returned to the person applying for the writ.
[C51, §2221; R60, §3809; C73, §3454; C97, §4422; C24, 27, 31, 35, 39, §12474; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.7]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.8 - Form of writ.

663.8 Form of writ.
If the petition is in accordance with the foregoing requirements, and states sufficient grounds for the allowance of the writ, it shall issue, and may be substantially as follows:
The State of Iowa,
To................................:
You are hereby commanded to have the body of ........................, by you unlawfully detained, as is alleged, before the court (or before me, or before ........................, judge, etc., as the case may be), at ........................, on ........................ (or immediately after being served with this writ), to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.
[C51, §2219; R60, §3807; C73, §3455; C97, §4423; C24, 27, 31, 35, 39, §12475; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.8]
2000 Acts, ch 1058, §53
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.9 - How issued.

663.9 How issued.
When the writ is allowed by a court, it must be issued by the clerk, but when by a judge, the judge must issue it personally, subscribing the judge’s name thereto.
[C51, §2220; R60, §3808; C73, §3456; C97, §4424; C24, 27, 31, 35, 39, §12476; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.9]
Referred to in §602.8102(114), 822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.10 - Penalty for refusing.

663.10 Penalty for refusing.
Any judge, whether acting individually or as a member of the court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars.
[C51, §2222; R60, §3810; C73, §3457; C97, §4425; C24, 27, 31, 35, 39, §12477; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.10]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.11 - Issuance on judge’s own motion.

663.11 Issuance on judge’s own motion.
When any court or judge authorized to grant the writ has evidence, from a judicial proceeding before the court or judge, that any person within the jurisdiction of such court or officer is illegally restrained of the person’s liberty, such court or judge shall issue the writ or cause it to be issued, on the court’s or judge’s own motion.
[C51, §2223; R60, §3811; C73, §3458; C97, §4426; C24, 27, 31, 35, 39, §12478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.11]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.12 - County attorney notified.

663.12 County attorney notified.
The court or officer allowing the writ must cause the county attorney of the proper county to be informed thereof, and of the time and place where and when it is made returnable.
[C51, §2240; R60, §3828; C73, §3459; C97, §4427; C24, 27, 31, 35, 39, §12479; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.12]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.13 - Service of writ.

663.13 Service of writ.
The writ may be served by the sheriff, or by any other person appointed in writing for that purpose by the court or judge by whom it is issued or allowed. If served by any other than the sheriff, the person appointed possesses the same power, and is liable to the same penalty for a nonperformance of the duty, as though the person were the sheriff.
[C51, §2224; R60, §3812; C73, §3460; C97, §4428; C24, 27, 31, 35, 39, §12480; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.13]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.14 - Mode.

663.14 Mode.
The service shall be made by leaving the original writ with the defendant, and preserving a copy thereof on which to make the return of service, but a failure in this respect shall not be held material.
[C51, §2225; R60, §3813; C73, §3461; C97, §4429; C24, 27, 31, 35, 39, §12481; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.14]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.15 - Defendant not found.

663.15 Defendant not found.
If the defendant cannot be found, or if the defendant has not the plaintiff in custody, the service may be made upon any person who has, in the same manner and with the same effect as though the person had been made defendant therein.
[C51, §2226; R60, §3814; C73, §3462; C97, §4430; C24, 27, 31, 35, 39, §12482; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.15]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.16 - Power of officer.

663.16 Power of officer.
If the defendant hides, or refuses admittance to the person attempting to serve the writ, or if the defendant attempts wrongfully to carry the plaintiff out of the county or the state after the service of the writ, the sheriff, or the person who is attempting to serve or who has served it, is authorized to arrest the defendant and bring the defendant, together with the plaintiff, forthwith before the officer or court before whom the writ is made returnable.
[C51, §2227; R60, §3815; C73, §3463; C97, §4431; C24, 27, 31, 35, 39, §12483; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.16]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.17 - Arrest.

663.17 Arrest.
In order to make the arrest, the sheriff or other person having the writ possesses the same power as is given to a sheriff for the arrest of a person charged with a felony.
[C51, §2228; R60, §3816; C73, §3464; C97, §4432; C24, 27, 31, 35, 39, §12484; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.17]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.19 - Defects in writ.

663.19 Defects in writ.
The writ must not be disobeyed for any defects of form or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent thereof.
[C51, §2234; R60, §3822; C73, §3466; C97, §4434; C24, 27, 31, 35, 39, §12486; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.19]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.20 - Penalty for eluding writ.

663.20 Penalty for eluding writ.
If the defendant attempts to elude the service of the writ, or to avoid the effect thereof by transferring the plaintiff to another, or by concealing the plaintiff, the defendant shall be guilty of a serious misdemeanor, and any person knowingly aiding or abetting in any such act shall be subject to like punishment.
[C51, §2253; R60, §3841; C73, §3467; C97, §4435; C24, 27, 31, 35, 39, §12487; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.20]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.21 - Refusal to give copy of process.

663.21 Refusal to give copy of process.
An officer refusing to deliver a copy of any legal process by which the officer detains the plaintiff in custody to any person who demands it and tenders the fees therefor, shall forfeit two hundred dollars to the person who demands it.
[C51, §2254; R60, §3842; C73, §3468; C97, §4436; C24, 27, 31, 35, 39, §12488; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.21]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.22 - Preliminary writ.

663.22 Preliminary writ.
The court or judge to whom the application for the writ is made, if satisfied that the plaintiff would suffer any irreparable injury before the plaintiff could be relieved by the proceedings above authorized, may issue an order to the sheriff, or any other person selected instead, commanding the sheriff or other person to bring the plaintiff forthwith before such court or judge.
[C51, §2230; R60, §3818; C73, §3469; C97, §4437; C24, 27, 31, 35, 39, §12489; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.22]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.23 - Arrest of defendant.

663.23 Arrest of defendant.
If the evidence is sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal detention of the plaintiff, the order must also direct the arrest of the defendant.
[C51, §2231; R60, §3819; C73, §3470; C97, §4438; C24, 27, 31, 35, 39, §12490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.23]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.24 - Execution of writ — return.

663.24 Execution of writ — return.
The officer or person to whom the order is directed must execute the same by bringing the defendant, and also the plaintiff if required, before the court or judge issuing it, and the defendant must make return to the writ in the same manner as if the ordinary course had been pursued.
[C51, §2232; R60, §3820; C73, §3471; C97, §4439; C24, 27, 31, 35, 39, §12491; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.24]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.25 - Examination.

663.25 Examination.
The defendant may also be examined and committed, or bailed, or discharged, according to the nature of the case.
[C51, §2233; R60, §3821; C73, §3472; C97, §4440; C24, 27, 31, 35, 39, §12492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.25]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.26 - Informalities.

663.26 Informalities.
Any person served with the writ is to be presumed to be the person to whom it is directed, although it may be directed to the person served by a wrong name or description, or to another person.
[C51, §2235; R60, §3823; C73, §3473; C97, §4441; C24, 27, 31, 35, 39, §12493; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.26]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.27 - Appearance — answer.

663.27 Appearance — answer.
Service being made in any of the modes herein provided, the defendant must appear at the proper time and answer the petition, but no verification shall be required to the answer.
[C51, §2236; R60, §3824, 4182; C73, §3474; C97, §4442; C24, 27, 31, 35, 39, §12494; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.27]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.28 - Body to be produced.

663.28 Body to be produced.
The defendant must also produce the body of the plaintiff, or show good cause for not doing so.
[C51, §2237; R60, §3825; C73, §3475; C97, §4443; C24, 27, 31, 35, 39, §12495; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.28]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.29 - Penalty — contempt.

663.29 Penalty — contempt.
A willful failure to comply with the above requirements will render the defendant liable to be attached for contempt, and to be imprisoned till the defendant complies, and shall subject the defendant to the forfeiture of one thousand dollars to the party thereby aggrieved.
[C51, §2238; R60, §3826; C73, §3476; C97, §4444; C24, 27, 31, 35, 39, §12496; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.29]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.30 - Attachment.

663.30 Attachment.
Such attachment may be served by the sheriff or any other person authorized by the court or judge, who shall also be empowered to produce the body of the plaintiff forthwith, and has, for this purpose, the same powers as are above conferred in similar cases.
[C51, §2239; R60, §3827; C73, §3477; C97, §4445; C24, 27, 31, 35, 39, §12497; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.30]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.31 - Answer.

663.31 Answer.
The defendant in the answer must state whether the defendant then has, or at any time has had, the plaintiff under the defendant’s control and restraint, and if so the cause thereof.
[C51, §2241; R60, §3829; C73, §3478; C97, §4446; C24, 27, 31, 35, 39, §12498; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.31]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.32 - Transfer of plaintiff.

663.32 Transfer of plaintiff.
If the defendant has transferred the plaintiff to another person, the defendant must state that fact, and to whom, and the time thereof, as well as the reason or authority therefor.
[C51, §2242; R60, §3830; C73, §3479; C97, §4447; C24, 27, 31, 35, 39, §12499; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.32]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.33 - Copy of process.

663.33 Copy of process.
If the defendant holds the plaintiff by virtue of a legal process or written authority, a copy thereof must be annexed.
[C51, §2243; R60, §3831; C73, §3480; C97, §4448; C24, 27, 31, 35, 39, §12500; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.33]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.34 - Demurrer or reply — trial.

663.34 Demurrer or reply — trial.
The plaintiff may demur or reply to the defendant’s answer, but no verification shall be required to the reply, and all issues joined therein shall be tried by the judge or court.
[C51, §2244; R60, §3832; C73, §3481; C97, §4449; C24, 27, 31, 35, 39, §12501; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.34]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.35 - Commitment questioned.

663.35 Commitment questioned.
The reply may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before such magistrate may be given in evidence before the court or judge, in connection with any other testimony which may then be produced.
[C51, §2245; R60, §3833; C73, §3482; C97, §4450; C24, 27, 31, 35, 39, §12502; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.35]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.36 - Nonpermissible issues.

663.36 Nonpermissible issues.
It is not permissible to question the correctness of the action of a court or judge when lawfully acting within the scope of their authority.
[C51, §2246; R60, §3834; C73, §3483; C97, §4451; C24, 27, 31, 35, 39, §12503; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.36]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.37 - Discharge.

663.37 Discharge.
If no sufficient legal cause of confinement is shown, the plaintiff must be discharged.
[C51, §2247; R60, §3835; C73, §3484; C97, §4452; C24, 27, 31, 35, 39, §12504; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.37]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.38 - Plaintiff held.

663.38 Plaintiff held.
Although the commitment of the plaintiff may have been irregular, if the court or judge is satisfied from the evidence that the plaintiff ought to be held or committed, the order may be made accordingly.
[C51, §2248; R60, §3836; C73, §3485; C97, §4453; C24, 27, 31, 35, 39, §12505; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.38]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.40 - Plaintiff retained in custody.

663.40 Plaintiff retained in custody.
Until the sufficiency of the cause of restraint is determined, the defendant may retain the plaintiff in the defendant’s custody, and may use all necessary and proper means for that purpose.
[C51, §2250; R60, §3838; C73, §3487; C97, §4455; C24, 27, 31, 35, 39, §12507; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.40]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.41 - Right to be present waived.

663.41 Right to be present waived.
The plaintiff may, in writing, or by attorney, waive the right to be present at the trial, in which case the proceedings may be had in the plaintiff’s absence. The writ will in such cases be modified accordingly.
[C51, §2251; R60, §3839; C73, §3488; C97, §4456; C24, 27, 31, 35, 39, §12508; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.41]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.42 - Disobedience of order.

663.42 Disobedience of order.
Disobedience to any order of discharge will subject the defendant to attachment for contempt, and also to the forfeiture of one thousand dollars to the party aggrieved, besides all damages sustained by the plaintiff in consequence thereof.
[C51, §2252; R60, §3840; C73, §3489; C97, §4457; C24, 27, 31, 35, 39, §12509; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.42]
Referred to in §822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.43 - Papers filed with clerk.

663.43 Papers filed with clerk.
When the proceedings are before a judge, except when the writ is refused, all the papers in the case, including the judge’s final order, shall be filed with the clerk of the district court of the county wherein the final proceedings were had, and a memorandum thereof shall be entered by the clerk upon the judgment docket.
[C51, §2255; R60, §3843; C73, §3490; C97, §4458; C24, 27, 31, 35, 39, §12510; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.43]
Referred to in §602.8102(114), 822.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 663 - HABEAS CORPUS › Section 663.44 - Costs.

663.44 Costs.
1. If the plaintiff is discharged, the costs shall be assessed to the defendant, unless the defendant is an officer holding the plaintiff in custody under a commitment, or under other legal process, in which case the costs shall be assessed to the county. If the plaintiff’s application is refused, the costs shall be assessed against the plaintiff, and, in the discretion of the court, against the person who filed the petition in the plaintiff’s behalf.
2. Notwithstanding subsection 1, if the plaintiff is confined in any state institution and is discharged in habeas corpus proceedings, or if the habeas corpus proceedings fail, and costs and fees cannot be collected from the person liable to pay costs and fees, the costs and fees shall be paid by the county in which such state institution is located. The facts of such payment and the proceedings on which it is based, with a statement of the amount of fees or costs incurred, with approval in writing by the presiding judge appended to the statement or endorsed on the statement, shall be certified by the clerk of the district court under the seal of office to the state executive council. The executive council shall review the proceedings and authorize reimbursement for all such fees and costs or such part of the fees and costs as the executive council finds justified, and shall notify the director of the department of administrative services to draw a warrant to such county treasurer for the amount authorized. There is appropriated from moneys in the general fund not otherwise appropriated an amount necessary to pay the reimbursement authorized by the executive council. The costs and fees referred to above shall include any award of fees made to a court appointed attorney representing an indigent party bringing the habeas corpus action.
[C97, §4459; C24, 27, 31, 35, 39, §12511; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.44]
86 Acts, ch 1237, §40; 2003 Acts, ch 145, §286; 2011 Acts, ch 131, §39, 158
Referred to in §8.59, 602.8102(114), 822.1
Appropriation limited for fiscal years beginning July 1, 1993; see §8.59
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 664A - NO-CONTACT ORDERS — ENFORCEMENT OF PROTECTIVE ORDERS › Section 664A.1 - Definitions.

664A.1 Definitions.
For purposes of this chapter:
1. “No-contact order” means a court order issued in a criminal proceeding requiring the defendant to have no contact with the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, and to refrain from harassing the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
2. “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 235F, a court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or 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 under section 708.2A or older individual assault under section 708.2D, or a civil injunction issued pursuant to section 915.22.
3. “Victim” means a person who has suffered physical, emotional, or financial harm as a result of a public offense, as defined in section 701.2, committed in this state.
2006 Acts, ch 1101, §5; 2007 Acts, ch 180, §4; 2014 Acts, ch 1107, §22; 2017 Acts, ch 121, §26; 2022 Acts, ch 1132, §12
Subsection 2 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 664A - NO-CONTACT ORDERS — ENFORCEMENT OF PROTECTIVE ORDERS › Section 664A.2 - Applicability.

664A.2 Applicability.
1. This chapter applies to no-contact orders issued for violations or alleged violations of sections 708.2A, 708.2D, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim.
2. A protective order issued in a civil proceeding shall be issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915. Punishment for a violation of a protective order shall be imposed pursuant to section 664A.7.
2006 Acts, ch 1101, §6; 2007 Acts, ch 180, §5; 2014 Acts, ch 1107, §23; 2017 Acts, ch 121, §27; 2022 Acts, ch 1132, §13
Referred to in §664A.3, 664A.5, 664A.7, 664A.8
Subsection 1 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 664A - NO-CONTACT ORDERS — ENFORCEMENT OF PROTECTIVE ORDERS › Section 664A.3 - Entry of temporary no-contact order.

664A.3 Entry of temporary no-contact order.
1. When a person is taken into custody for contempt proceedings pursuant to section 236.11, taken into custody pursuant to section 236A.12, or arrested for any public offense referred to in section 664A.2, subsection 1, and the person is brought before a magistrate for initial appearance, the magistrate shall enter a no-contact order if the magistrate finds both of the following:
a. Probable cause exists to believe that any public offense referred to in section 664A.2, subsection 1, or a violation of a no-contact order, protective order, or consent agreement has occurred.
b. The presence of or contact with the defendant poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
2. Notwithstanding chapters 804 and 805, a person taken into custody pursuant to section 236.11 or 236A.12 or arrested pursuant to section 236.12, 709.2, 709.3, or 709.4 may be released on bail or otherwise only after initial appearance before a magistrate as provided in chapter 804 and the rules of criminal procedure or section 236.11 or 236A.12, whichever is applicable.
3. A no-contact order issued pursuant to this section shall be issued in addition to any other conditions of release imposed by a magistrate pursuant to section 811.2. The no-contact order has force and effect until it is modified or terminated by subsequent court action in a contempt proceeding or criminal or juvenile court action and is reviewable in the manner prescribed in section 811.2. Upon final disposition of the criminal or juvenile court action, the court shall terminate or modify the no-contact order pursuant to section 664A.5.
4. A no-contact order requiring the defendant to have no contact with the alleged victim’s children shall prevail over any existing order which may be in conflict with the no-contact order.
5. A no-contact order issued pursuant to this section shall restrict the defendant from having contact with the victim, persons residing with the victim, or the victim’s immediate family.
6. A no-contact order issued pursuant to this section shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent no-contact order pursuant to section 664A.5.
2006 Acts, ch 1101, §7; 2007 Acts, ch 180, §6; 2010 Acts, ch 1083, §3; 2017 Acts, ch 121, §28, 29; 2022 Acts, ch 1043, §1
Referred to in §664A.5, 709.22, 915.50, 915.50A
Subsection 2 amended