IN THE IOWA DISTRICT COURT IN AND FOR BUENA VISTA COUNTY
STATE OF IOWA,
No.
Plaintiff,
ORDER AND JUDGMENT
v.
Contempt of Court
Chapter 665, Iowa Code
,
Defendant.
On this __________ day of ___________________, 20____, this matter comes
before the Court for a contempt hearing due to the Defendant’s failure to:
_______ timely pay the Defendants’ financial obligations in accordance with the
judgment and sentence.
_______ timely enroll in, cooperate in, and complete the Domestic Abuse
Intervention Program, as required by the judgment and sentence.
_______ timely contact the agency where Defendant is to undergo a substance
abuse evaluation and undergo the substance abuse evaluation, as required by
the Order Setting Sentencing and Requiring Substance Abuse Evaluation or the
judgment and sentence.
_______ cooperate in and successfully complete all treatment and programs
recommended by the agency doing the substance abuse ________________
evaluation, as required by the judgment and sentence.
The State is represented by ____________________ of the County Attorney’s
office. The Defendant appears personally and waives counsel / is represented by
_____________________________________________
The Defendant admits that the Defendant willfully failed to abide by and comply
with the orders of this Court as set forth above, and consents to the entry of this Order
and Judgment without further hearing. The Court finds the Defendant willfully disobeyed
this Courts orders as set forth above.
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.
______ The Defendant may not purge the contempt. The Defendant shall
personally contact the Sheriff of Buena Vista County, Iowa within 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 his 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 herby
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
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 do the substance abuse
evaluation of the Defendant or such other agency as may be designated
here: ______________________, within 4 days of the date of this Order
and Judgment, to schedule a substance abuse evaluation, if one has not
been completed by such agency pursuant to the original judgment and
sentence; 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 any
other program pursuant to a recommendation made as part of the
substance abuse evaluation, notifying the Court or County Attorney that
the Defendant has been unsuccessfully terminated from the 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 to 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.
__________________________________________
DISTRICT ASSOCIATE JUDGE
CONSENT TO ENTRY OF ORDER AND JUDGMENT
I have read the foregoing Order and Judgment, understand its terms, and agree
to be bound by its terms. I waive appearance before the Court, waive further hearing,
and consent to the entry of this Order and Judgment
Dated: ____________________________________, 20______.
________________________________
Defendant
Approved:
______________________________________
Attorney for Defendant
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.
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. Payment of any
fines, surcharges, court costs, or attorney fees may also be paid online by going to
www.iowacourtsonline.org.