Protective Order Rescinded - DACV019471

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    ORDER OF PROTECTION

    This order can be verifiedduring business hours with

    SAC County Clerk orat any time with the

    SAC County Sheriff'soffice at: (712) 662-7791

    02811 DACV019471Judge: Thomas J. Bice

    County SAC State IOWA

    TEMPORARY PROTECTIVE ORDER(Section 236.3 Petition)

    ISSUE DATE: 10/03/13

    PETITIONER/PROTECTED PARTY:BILLIE LEE ZENNER

    VS.

    Other Protected Persons:

    RESPONDENT/DEFENDANT:NATHAN RAMSLI ZENNER

    RESPONDENT Date of BirthAddress for Respondent (not shared withProtected Party)DOB - 3-14-78; Address - 305 East 22nd,Dubuque, Iowa

    THE COURT HEREBY FINDS:It has jurisdiction over the parties and subject matter. Additional finding are set forth below.

    THE COURT HEREBY ORDERS:The above named Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow.This order is effective upon service on respondent. It shall remain in effect until modified, terminatedor superseded by a later written order, or until the dismissal of the case, but in no event for more thanone year.

    WARNINGS TO RESPONDENT:This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C 2265. Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18U.S.C. 2262. Only the court can change this order.

    NOTICE FOR LAW ENFORCEMENT:

    CAUTION :

    If checked,FIREARMS WARNINGfor Law Enforcement

    The Respondent will beprovided with reasonablenotice and opportunity to be

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    E-FILED 2013 OCT 03 4:01 PM SAC - CLERK OF DISTRICT COURT

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    heard. See page 2, paragraph8.

    The court has considered the petition for Relief from Domestic Abuse and finds that a temporaryprotective order under Iowa Code section 236.4(2) is necessary to protect the protected party namedabove.

    Therefore, the court ORDERS as follows:1. Respondent shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse

    the protected party. Respondent shall not use, or attempt to use, or threaten to use physical forceagainst the protected party that would reasonably be expected to cause bodily injury.

    2. Respondent shall stay away from the protected party and shall not be in that party's presenceexcept in a courtroom during court hearings.

    3. Respondent shall not communicate with the protected party in person or through ny meansincluding third persons. This restriction shall not prohibit communication through legal counsel.

    4. The protected party shall have exclusive possession of the residence located at 309 South

    Seventh, Sac City, Iowa. Respondent shall not go to, enter, occupy or remain in that residence orany other residence in which the protected party is staying, under any circumstance. Respondentshall turn over to the sheriff all devices that allow access or entry to the residence or outbuildings (forexample, keys or garage openers).

    6. The protected party is granted temporary custody of these children (list names and ages):The Court makes no ruling relative to the children and custody issues.If the children are not presently in the care of the protected party, the children shall be returned to theprotected party's custody at the following time and manner:Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the samechildren, this temporary order shall prevail over any other existing custody order. The issue ofvisitation will be addressed at the hearing mentioned below. Until such time, respondent shall not

    contact these children and shall not contact the protected party about visitation.8. A hearing on the petition alleging Domestic Abuse is scheduled on 10/21/2013 at 3:00

    PM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. , to decide if a final protectiveorder should be entered. Failure of the respondent to appear may result in a final protective orderbeing entered against the respondent. Failure of the protected party to appear may result in the casebeing dismissed. Each party has the right to be represented by an attorney at this hearing. Theparties shall bring copies of any existing child custody orders to the hearing.

    9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy ofthe protected party and/or the protected party's children, the clerk of court shall until further order ofthe court (check any that apply):

    seal the entire file from public access, other than court orders and child support payment records.seal the following portion(s) of the file from public access: .

    redact protected party's actual address and location information prior to public disseminationof court orders, child support payment records, and other records available at the clerk's office orthrough the Iowa Court Information System (ICIS).

    Whether or not any boxes are checked above, the indices available at the clerk's office orthrough Iowa Courts Information System (ICIS) shall remain open.

    10. The Respondent may be required to relinquish all firearms, offensive weapons, andammunition upon issuance of a permanent protective order.

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    The County Sheriff shall serve and return service upon the respondent, the petition/motion andthis order at least two days before the hearing.

    The clerk of court shall provide copies of this order to the parties and law enforcement agencies,pursuant to Iowa Code sections 236.5(5) and 664A.4.NOTICE: If you have a disability and need assistance to participate in court proceedings, please

    call the ADA Coordinator at 641-421-0990. If you are hearing impaired, call Relay Iowa TTY at1-800-735-2942.

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    State of Iowa Courts

    Case Number Case TitleDACV019471 BILLIE LEE ZENNER VS. NATHAN ZENNER

    Type: OTHER ORDER

    So Ordered

    Electronically signed on 2013-10-03 16:00:53

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    EST T H E I O W A DISTRICT C O U R T FO R j _ C O U N T Y(name of the county where you are filing this motion)

    Plaintiff,(person who filed a Petition ForRelief From Domestic Abuse)

    V S .

    WfcVKAn R(x.vv r AnjLrDefendant.

    aviNO ta^vjr^Lvm(ifyou do not know, ask the clerk of court) rREQUEST TO CANCEL, \CHANGE, OR EXTENDA CHAPTER 236PROTECTIVE ORDER

    ii

    Ocn i

    t />oJ > - i

    = 0 01 i < ^

    CDCode ch. 236 O l

    The Court issued a Chapter 236 Protective Order on the {_) day ofPursuant to Iowa Code section 236.5(2)(e), I am asking that this Court cancel, change, or extendthe Protective Order as follows:[ ]I R E Q U E S T T H A T T H E C O U R T cancel the entire Chapter 236 Protective Order.O R[ ] I REQUEST THAT THE CO URT leave in place the provision ordering thedefendant tostop abusing me, but change the following provisions: (mark all that app ly)

    [ ] Cancel the "no-contact" provision directing the defendant to stay away from my home,my work, or my school.

    [ ] Change the court's order regarding custody or visitation.[ ] Change the court's order regarding possession of the family home or other housing.[ ] Change the court's order regarding possession of the family car.[ ] Change the court's order regarding financial support.[ ] Change the court's order regarding counseling.[L^^Change the court's order regarding other provisions in the Protective Order: (please

    explain any other requested change)j UJOu[c\ \,K

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    O R[ ] I REQUEST THAT THE COU RT extend the Protective Order for a fixed period not toexceed one year because the defendant continues to pose a threat to my safety, the safety ofpersons residing with me, or the safety of my immediate family members: (please explain)

    Do you believe you will be safe if the Protective Order is changed as you have asked? (pleaseexplain) C A J P S \ A O j \ (XK V \ rV\Q$>\\^A l O O C Y l f A CK Y\ A

    \\\erv\ trc?m cx\o*se-I R E Q U E S T T H A T T H E C O U R T set a hearing on this Motion; direct the sheriff to serve thedefendant a copy of this Motion along with a copy of the Order fo r Hearing; and following thehearing, cancel, change, or extend the Protective Order as I requested. I request that the judgeorder the sheriff to serve the defendant with a copy of any new order issued.

    R E A D B E F O R E SIGNING. Please check each line after you have read it.

    I understand that there will be a court hearing after I file this motion, which I mustattend.I understand that the hearing is my oppormnity to tell the judge why I want theProtectiveOrder cancelled, changed, or extended.

    1/ Iunnderstand the Protective Order stays in effect until the judge cancels, changes, orextends it.Therefore, I should follow the order until the judge cancels, changes, or extends it.

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    STATE OF IOW A )

    C O U N T Y OF -4XC )[name of county where Notary Public is located]

    Subscribed and sworn to before me this

    P L A I O T I F F [Sign only in front of a Notary Public]

    ^ day of Q o if t- U / , 20_l3 .

    Notary Public

    A booklet entitled "How to Protect Yourself from Domestic Abuse Without a Lawyer" isavailable at the clerk of court's office and from the nearest domestic abuse shelter. Itexplains court procedureand gives information about how to contact a lawyer.

    FOR OTHER G E N E R A L I N F O R MA T I O N A B O U TDOMESTIC A B U S E , C A L L TH E ( CONFID ENTIAL )I O W A D O M E S T IC A B U S E H O T L I N E :1-800-942-0333

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________

    )BILLIE LEE ZENNER, )

    )

    Petitioner, ) No. DACV019471)vs. )

    )NATHAN ZENNER, ) ORDER

    )Respondent. )

    ______________________________)

    Petitioners Request to Cancel, Change, or Extend

    a Chapter 236 Protective Order comes before the Court.

    ORDER

    IT IS ORDERED that the aforesaid Request is

    DENIED.

    The Temporary Protective Order remains unchanged

    and in full force and effect.

    Clerk to furnish copies to:

    Parties24-Hour Dispatch

    E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case Title

    DACV019471 BILLIE LEE ZENNER VS. NATHAN ZENNER

    So Ordered

    Electronically signed on 2013-10-07 10:14:37 page 2 of 2

    E-FILED 2013 OCT 07 10:14 AM SAC - CLERK OF DISTRICT COURT

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    S A C C O UNT YFIDLAR ELECTION CO . , ROCK ISLftVpBEUNOISO R M 1 0 1 H - 0 1 2 D B Q

    In the Iowa D istr ic t Co ur t , fo r 5 " ^ 2013OCT-"?ftMIO'-5C o u n t yCase Name ZENNER VS. ZENNERCase No . DACV 19471Notice reed, this da te.S T A T E O F I O W AD U B U Q U E C O U N T Y

    I certify that! served a copy of:

    O C . T ? n i 3 } ssR E T U R N O F S E R V I C E :_X P e r s o n a lDwel l ing/Subst i tuteH o t e l , B o a r d i n g /R o o m i n g H o u s eCorp ora t i on / A ssoc i a t i onOff ic ia l (S tate, County, Ci ty)S p o u s e a w a y from res i denceO t h e r

    Type ofService Code'1234567

    SI Pet i tion and O r iginal Not ice Mod i f icat ion/App l icat ion and Not iceD O r d e r t o S h o w C a u s e13 Order Filed Writ O ther

    236 ORDER

    Served:NATHAN ZENNER OCT 3, 2013(NAME) at (ADDRESS) on (DATE)

    at onat onat oh

    TypeCode1

    (NAME) by serving at(NAME)on

    (ADDRESS). , (a person residing therein who was

    then at least 18 years old) or (spouse away from residence). [Str ike non-appl icable part.]by serving(COMPANY/GOVERNMENT UNIT NAME)

    its (TITLE)N O T E S : (Diligent Search , etc.)

    . i o n .(NAME)

    , at(DATE)

    DO N A . V R O T S O S SheriffD U B U Q U E , County, Iowa

    F e e s :S e r v i c eMi leageC o p yT o t a l

    $15.004 . 0 0 (OFFICIAL TITLE)

    $19.00D E P U T Y S H E R I F F

    F e e s charged to/paid by A t ty/Par ty:

    0L

    N O T E : C op y of Or ig inal No t ice, if served, must be at tache d to th is form .

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    1 0 / 0 3 / 2 0 1 3 16:29 1 7 1 2 6 6 2 7 9 7 8 SAC COUNTY C L E R K

    ~* E - F I L E D 2013 O C T 03 4:01 PM S A C - C L E R K OF D I S T R I C T C O U R T

    PAG E 03/1

    02811 DACV019471ORDER OF PROTECTION Judge: Thomas J . BiceCounty SA C State IOWAThis order can be verifiedduring business hours with TEMPORARY PROTECTIVE ORDERS A C County Clerk or (Section 236.3Petition)

    at any time with theS A C C ounty S heri f fs ISSUE DATE: 10/03/13office at: (712) 662-7791P E T I T I O N E R / P R O T E C T E D P A R T Y : Other Protected Persons:BILLIE L EE ZENNERV S .

    R E S P O N D E N T / D E F E N D A N T : R E S P O N D E N T Date of BirthN A T H A N R A M S L I Z E N N E R Address for Respondent (not shared withProtected Party)DOB - 3-14-78; Address - 305 East 22nd,Dubuque, Iowa"THETOURTTST^^It has jurisdiction over the parties and subject matter. Additional finding are set forth below.THE COURT HEREBY ORDERS:The above named Respondent is restrained from committing further acts of abuse or threats ofabuse. The above named Respondent is restrained from any contact with the Petitioner/ProtectedParty. Additional terms of this order and exceptions to the above provisions are as set forthbelow.This order is effective upon service on respondent. It shall remain in effect until modified, terminatedor superseded by a later written order, or until the dismissal of the case, but in no event for more thanone year.This order shall be enforced, even without registration, by the courts of any state, the Districtof Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C2265. Crossing state,territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18U.S.C. 2262. Only the court can change this order.NOTICE FOR LAWENFORCEMENT: If checked, The Respondent will beCAUTION : ' FIREARMS WARNING providedwith reasonablefor Law Enforcement notice and opportunity to be

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    I N T H E I O W A DISTRICT C O U R T F O R C O U N T Y(name of the county where you are filing this motion)

    (Mta. Lee Zewvev:

    cviNo DncvoiwiPlaintiff,(person who filed a Petition ForRelief From Domestic A buse) '.vs .

    Defendant. :

    (ifyou do not know, ask the clerk of court)

    REQUEST TO CANCEL, SCHANGE, OR EXTEND A CHAPTER 236 qPROTECTIVE ORDER ~? ^premcZ3 -

    Code ch. 236(\3

    The Court issued a Chapter 236 Protective Order on the day of Q c j - f l - W , 20 \h_ .Pursuant to Iowa Code section 236.5(2)(e), I am asking that this Court cancel, change, or extendthe Protective Order as follows:

    R E Q U E S T T H A T T H E C O U R T cancel the entire Chapter 236 Protective Order.O R[ ] I REQUEST THAT THE COU RT leave in place the provision ordering the defendant tostop abusing me, but change the following provisions: (mark all that apply)

    [ ] Cancel the "no-contact" provision directing the defendant to stay away from my home,my work, or my school.

    [ ] Change the court's order regarding custody or visitation.[ ] Change the court's order regarding possession of the family home or other housing.[ ] Change the court's order regarding possession of the family car.[ ] Change the court's order regarding financial support.[ ] Change the court's order regarding counseling.[ ] Change thecourt's order regarding other provisions in the Protective Order: (please

    explain any other requested change)

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    OR[ ] I REQUEST THAT THE COU RT extend the Protective Order for a fixed period not toexceed one year because the defendant continues to pose a threat to my safety, the safety ofpersons residing with me, or the safety of my immediate family members: (please explain)

    Do youbelieve you will be safe if the Protective Order is changed as you have asked? (pleaseexplain)

    I R E Q U E S T T H A T T H E C O U R T set a hearing on this Motion; direct the sheriff to serve thedefendant a copy of this Motion along with a copy of the Order fo r Hearing; and following thehearing, cancel, change, or extend the Protective Order as I requested. I request that the judgeorder the sheriff to serve the defendant with a copy of any new order issued.

    R E A D B E F O R E SIGNING. Please check each line after you have read it.

    I understand that there will be a court hearing after I file this motion, which I mustattend.I understand that the hearing is my opportunity to tell the judge why I want the

    Protective Order cancelled, changed, or extended.I understand the Protective Order stays in effect until the judge cancels, changes, orextends it.Therefore, I should follow the order until the judge cancels, changes, or extends it. .

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    S T A T E OF IOWA

    COUNTY OF S i L.[name of county -where Notary Public is located]

    )) ss:

    PLAINTIFF [Sign only in front of a Notary Public]

    Subscribed and sworn to before me this day of O f c j s i p Q V _,20J3.

    Notary PublicI SHELLEY BASS: Clerk ol District Court-Designe| Sac County

    A booklet entitled "How to Protect Yourself from Domestic Abuse Without a Lawyer" isavailable at the clerk of court's office and from the nearest domestic abuse shelter. Itexplains court procedure and gives information about how to contact a lawyer.

    F O R O T H E R G E N E R A L I N F O R M A TI O N A B O U TDOM ESTI C A B U S E , C A L L T H E ( C O N F I D E N T I A L )I O W A D O M E S T I C A B U S E H O T L I N E :1-800-942-0333

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    2dc236

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    BILLIE LEE ZENNER ,

    Plaintiff,

    vs.

    NATHAN RAMSLI ZENNER ,Defendant.

    Case No. 02811 DACV019471

    O R D E R

    IT IS ORDERED that the Plaintiff's request to cancel the Chapter 236 Protective

    Order is sustained. The Protective Order is rescinded.

    Costs, if any, are assessed to Plaintiff.

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    E-FILED 2013 OCT 07 2:26 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Case Number Case TitleDACV019471 BILLIE LEE ZENNER VS. NATHAN ZENNER

    Type: OTHER ORDER

    So Ordered

    Electronically signed on 2013-10-07 14:26:26

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    E-FILED 2013 OCT 07 2:26 PM SAC - CLERK OF DISTRICT COURT