IN THE IOWA DISTRICT COURT IN AND FOR BUENA VISTA COUNTY
STATE OF IOWA,
No.
Plaintiff,
ORDER AND JUDGMENT
v.
CONTEMPT IN LIEU OF
PROBATION REVOCATION
,
Defendant.
On this __________ day of ___________________, 20____, this matter comes
before the Court upon the State’s application to revoke probation. The defendant appears
in person and by attorney _______________________________ and the State appears by
_____________________________. The defendant admits the violations alleged in the
report of violation filed herein and stipulates to the entry of this order and judgment.
In lieu of revoking probation, the Court finds and adjudges that (1) the defendant
willfully disobeyed the orders contained in this Court’s judgment and sentence by violating
the terms and conditions of his/her probation, and (2) the defendant, therefore, is in
contempt of court.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
Defendant is in contempt of court and under Chapter 665, Iowa Code, is sentenced
to serve ______________days in the Buena Vista County, Iowa Jail, with credit for __
days previously served.
____ The defendant may not purge the contempt. The defendant shall personally
contact the Sheriff of Buena Vista County, Iowa within seven (7) days to arrange for a
specific date and time for serving the jail sentence. The serving of the sentence shall be
completed by __________________________________. If the defendant has not
completed serving the sentence by such date, it is ordered that the Buena Vista County
Sheriff, at the Sheriff’s convenience, shall pick up the defendant to serve the jail sentence
or, at the Sheriff’s request, the Clerk of Court shall issue a mittimus.
____ The defendant may purge the contempt and avoid serving the jail sentence by:
____ paying all unpaid financial obligations imposed by the original judgment
and sentence plus the court cost of these contempt proceedings by
_________________________, 20____ [in monthly / weekly
installments of no less then $ _______________, with installments
being due by the ___________ of each month / week, beginning
__________________________________.] If defendant fails to timely
pay any installment or the entire balance when due, the Clerk of Court is
hereby directed to issue mittimus at 8:00 a.m. on the first business day
following the date on which the installment or payment was due but not
paid, and the defendant shall serve the jail sentence set forth above.
____
paying
the
cost
of
these
contempt
proceedings
by
______________________, 20_____; and enrolling, at defendant’s own
expense, in the Domestic Abuse Intervention Program or batterers’
treatment program specified in the original judgment and sentence
within four (4) days of the date of this order and judgment, cooperating
in and successfully completing such program. If the defendant fails to
pay the cost of these contempt proceedings when due, the Clerk of
Court is directed to issue mittimus the next business day, and the
defendant will serve the jail sentence set forth above. If the Clerk of
Court receives written notice from the agency where the defendant is to
participate in the court-designated Domestic Abuse Intervention
Program or batterers’ treatment program that defendant has not timely
enrolled, has been unsuccessfully terminated from the program, or is not
otherwise cooperating in the program, the Clerk of Court is directed to
issue mittimus immediately, and the defendant shall serve the jail
sentence set forth above.
____
paying
the
cost
of
these
contempt
proceedings
by
______________________,
20_____;
contacting
the
agency
designated in the original judgment and sentence that is to provide the
substance abuse treatment or program the defendant was required to
undergo or such other agency as may be designated here:
___________________________________, within four (4) days of the
date of this order and judgment, or to schedule a substance abuse
evaluation, if one has not been completed by such agency pursuant to
the original judgment and sentence; or to schedule an appointment for
substance abuse treatment or to begin any required substance abuse
program; and cooperating in and successfully completing all treatment
and programs proposed in the evaluation, all at the defendant’s own
expense. If the defendant fails to pay the court cost when due, the Clerk
of Court is directed to issue mittimus the next business day, and the
defendant shall serve the jail sentence set forth above. If the Clerk of
Court receives written notice from an agency where the defendant is to
undergo a substance abuse evaluation or participate in treatment or
another program pursuant to a recommendation made as part of the
substance abuse evaluation, notifying the Court or county attorney that
the defendant has failed to contact such agency as required, has failed
to schedule an appointment as required, has failed to begin a substance
abuse program as required, has been unsuccessfully terminated from a
treatment program, has missed appointments with any such agency
without being excused by such agency, or is not otherwise cooperating
in treatment or another recommended program, the Clerk of Court is
directed to issue mittimus immediately, and the defendant shall serve
the jail sentence set forth above.
____ ______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
If the defendant is required by this order and judgment for contempt or a mittimus
issued under this order and judgment to actually serve the jail sentence imposed, then the
defendant shall appear before the Court on the _________ day of __________________,
20____, at 9:00 a.m. to show cause why he/she should not be held again in contempt of
court, unless before such date the defendant has fully complied with all provisions of the
original judgment and sentence entered herein. If the defendant is held in contempt, a jail
term may be imposed. If the defendant fails to appear as ordered, a warrant will be issued
for the defendant’s arrest. The defendant also shall appear at any other time the defendant
is ordered to do so to show cause why he/she should not be held in contempt of court
because of a failure to comply with any of the requirements of the judgment and sentence.
Defendant shall pay to the Sheriff of Buena Vista County, Iowa for the amount of the
Sheriff’s Room and Board Reimbursement Claim, if any, that is hereafter filed, provided that
the amount of restitution for such claim shall not exceed $55.00 for each day incarcerated
and the amount of the Sheriff’s medical aid Reimbursement Claim, if any, that is hereafter
filed.
Judge, Third Judicial District
Note: Sums due are paid with cash, cashier’s checks or bank money orders and are
payable to the Buena Vista County Clerk, Post Office Box 1186, Storm Lake, Iowa 50588.
Notice: If you need assistance to participate in court due to a disability call the
disability coordinator at 712-279-6035. Persons who are hearing or speech
impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators
cannot provide legal advice.