For a legislator or staffer · about three minutes
Take-action page Full draft text
Please consider sponsoring six sections on Iowa’s protective and no-contact orders.
This page is a short packet for a Representative, a Senator, or a legislative assistant. A sponsor introduces the bill, carries it through subcommittee, and argues for it on the floor. Existing orders stay in force until the issuing court changes them.
The problem, in five bullets
- § 664A.3 is mandatory. At the first appearance the magistrate “shall” enter a criminal no-contact order; it can last the life of the case.
- § 664A.5 can run five years with no findings. State v. Hall (Iowa, May 22, 2026, unanimous) holds that a five-year order needs only the conviction, deferred judgment, or plea — no additional findings — and that notice plus the sentencing hearing satisfies due process. Only the Legislature can require written findings.
- Appeals die when the order expires. O’Brien v. Young and Flores v. Aragon Nunez (Iowa Ct. App., Dec. 17, 2025) state the mootness rule; related cases follow the same line.
- Iowa publishes no outcome series for chapter 236 or chapter 664A — how many orders, how many contempts, what happened next.
- HF 523 is left alone. It expands emergency civil access and takes effect July 1, 2026. This bill does not reopen § 236.6.
The four safeguards
- A verified, specific claim of imminent harm before the order issues.
- A fixed short duration, not the life of the case.
- A prompt evidentiary hearing, with the State carrying the criminal order.
- Applicant candor, with a real remedy when that candor fails.
The six cheapest-first sections
One sentence each. Full draft: foursafeguards.org/bill.
- Non-mootness. An appeal is not moot on expiry where collateral consequences exist.
- Written findings before any § 664A.5 order longer than one year.
- Hearing within 14 days on the defendant’s request; the State proves continued necessity.
- Fixed end. The pretrial § 664A.3 order expires at 30 days unless extended after that hearing or by agreement.
- Candor on the petition, with a fee remedy for a knowing material omission.
- Annual public report by county: orders entered and what happened next.
What this bill does not do
- No repeal of chapter 236 or chapter 664A.
- No amendment to § 236.6 or to House File 523.
- No change to final orders after a hearing, or to the assault predicate.
- Orders already entered stay in force until the issuing court changes them.
Not legal advice. This kit publishes research and a proposed bill. It is not advice about any order, case, or person. Do not contact a protected person while an order forbids it.