Tribe: Sac & Fox Tribe of the Mississippi in Iowa
Sec. 24-3102. Enforcement of and arrest for violation of order of protection.
(a) The remedies set forth in this section for enforcement of the orders of the court are
in addition to any other civil and criminal remedies available.
(b) A law enforcement officer within his or her jurisdiction, inclusive of cross-
deputization jurisdiction, with or without a warrant, may arrest a person if the law enforcement
officer has probable cause to believe that the person has violated Title 13, Article V, Chapter 5,
section 13-5503 by disobeying or resisting an order that is issued by the court or a valid order of
protection issued in another jurisdiction, whether or not such violation occurred in the presence of
the officer. Criminal violations of an order issued pursuant to this Title shall be referred to the
appropriate law enforcement agency. The law enforcement agency shall request that a
prosecutorial agency file the appropriate charges. A violation of an order of protection shall not
be adjudicated unless a complaint has been filed or other legal process has been requested by the
prosecuting agency. For the purposes of this section, the court has jurisdiction to enforce a
valid order of protection issued by this court, another tribal court, a court of one of the States, or a
court of a United States territory.
(c) In addition to release conditions set forth in Title 13, Article VI, and in the rules of
criminal procedure or any other applicable code section, an order for release, with or without an
appearance bond, shall include pretrial release conditions that are necessary to provide for the
protection of the alleged victim or other specifically designated person and may provide for any
other additional conditions that the court deems appropriate, including participation in Wellness
Court or counseling programs deemed appropriate by the court.
(d) The law enforcement or other agency with custody of the defendant shall make
reasonable efforts to contact the victim or other specifically designated person in the order of
protection, if known to the custodial agency, to inform the victim or other specifically designated
person of the release of the defendant immediately upon release from custody if the victim or other
specifically designated person requested notification of the release of the defendant. A law
enforcement officer is not civilly liable for unintentional violation of this section.
(e) A law enforcement officer may presume the validity of and enforce and rely upon
a copy of a protection order that is issued by another state, a United States territory or an Indian
tribe if the order was given to the officer by any source. A peace officer may also rely on the
statement of any person who is protected by the order that the order remains in effect. A peace
officer who acts in good faith reliance on a protection order is not civilly or criminally liable for
enforcing the protection order pursuant to this section.
(f) A law enforcement officer who makes an arrest pursuant to this section is not
civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.