There are basically two laws and two different types of court orders that allow the Court to order that a person have no contact of any kind with another person. These are commonly referred to as “restraining orders”.
The first type of order is the Domestic Abuse Protective Order and the second is the No Contact Order. There may be other circumstances where an injunction could be obtained against another person, but you need to consult a private attorney regarding those circumstances.
Domestic Abuse Protective Orders:
A Domestic Abuse Protective Order protects family or household members from abuse by another family or household member. It only applies in certain circumstances and is issued by a judge through the assistance of the Clerk of the Court.
Domestic Abuse Protective Orders are issued by a judge through the Clerk of Court on the 2nd floor of the Sioux County Courthouse. In order to get a Domestic Abuse Protective Order, you must answer “Yes” to any one of the questions below.
- Is the order against someone you live with?
- is the order against someone you have lived with in the last year?
- Is the order against someone with whom you have a child?
If you answered “No to all of the above questions, then you must consult a private attorney.
No Contact Order:
This is an order issued by the Court during a pending criminal case on the charge of domestic abuse, harassment, or stalking which prohibits contact of a victim or witness in a criminal case. In order to qualify for this order, the court must find that the order is necessary to prevent and restrain intimidation and harassment or for the safety of the victim.
How to get a No Contact Order:
- If you are a victim or witness in a criminal case and you are being intimidated or harassed or you fear for your safety you should contact the Sioux County Attorney’s Office to request a No Contact Order.
How to drop a No Contact Order or Domestic Abuse Protective Order:
- If you obtained your order through the Clerk of Court on the 2nd floor of the Courthouse, return to that office.
- If you requested your order through the County Attorney’s Office, Pretrial Release, or a police officer, you need to contact a victim advocate through the Family Crisis Center. The advocates can be reached in person through the Clerk of Court, on the second floor of the Sioux County Courthouse, or by calling (712) 737-2286.
The offender violated the No Contact Order. Who do I notify?
You will want to report this to the police department in the city in which the violation occurred. They will investigate the incident and determine whether a charge should be filed. If they do not file a charge, they may submit it to the Sioux County Attorney’s Office for review. We will then determine if there is enough evidence to file the charge.
If you have a No Contact Order in which a criminal charge (domestic abuse assault, harassment, assault, stalking, sexual abuse, etc.) is pending, you will also want to contact the attorney in the Sioux County Attorney’s Office who is handling your case. If you do not know who the attorney assigned to handle your case is, you can call the Sioux County Attorney’s Office at (712) 737-2457 to find out.