DACV019576 - Order of Protection

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E-FILED

02811 DACV019576 - 2014 DEC 05 02:00 PM


SAC
CLERK OF DISTRICT COURT
Page 1 of 9

DACV163195 GOMEZ RIEDELL VS RIEDELL

Binder Information

Created For: Jeffrey Poulson


Created By: Gordon, Christina
Created Date: 12-05-2014
Updated By: Gordon, Christina
Updated Date: 12-05-2014
Generated: 12-05-2014
Event Date: 12-05-2014
Expires:

E-FILED

02811 DACV019576 - 2014 DEC 05 02:00 PM


SAC
CLERK OF DISTRICT COURT
Page 2 of 9

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

GOMEZ RIEDELL, BALBINA


VS RIEDELL, CHRISTOPHER

Case No. 03971 DACV163195

Clerk's Certificate of Transmission to District Court of Sac County


I, the undersigned Clerk of District Court or designee, do hereby certify as follows:
Case Security:
The ICIS case level security of this matter is:

All of the case record in this matter is public record


All or part of the case record in this matter is confidential under Iowa law:
Juvenile Record, including children and families in need of assistance, termination of parental rights and certain
confidential delinquency actions
Involuntary Hospitalization of Persons with Mental Illness Record
Involuntary Commitment or Treatment of Chronic Substance Abuse Record
Pending Dissolution of Marriage Record
While this case type is public record, certain documents are confidential or sealed
Probate
Other:
Document Security:
The security level for the documents in this binder is 0. The event/document security table is shown at the end of this
certificate.
Transmission of Record:
The record is being transmitted to the District Clerk of Court of Sac County in the following format(s):
Fully electronic format (attached)
Part electronic/part non-electronic
Partially electronic format (attached in binder)
Partially non-electronic. Non-electronic records will be delivered to the and will consist of the following records:
The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the
only upon specific request:
Other:
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E-FILED
Dated: December 5, 2014

02811 DACV019576 - 2014 DEC 05 02:00 PM


SAC
CLERK OF DISTRICT COURT
Page 3 of 9
/s/

CGORDON

Clerk of Court/Designee
WOODBURY County

EDMS/ICIS event and document security levels:


0 Public
1 Confidential - accessible by case parties
2 Confidential - accessible by self-represented litigants
3 Confidential - accessible by attorneys on the case
4 Confidential - accessible by county attorney
5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court
office)
6 (Not designated)
7 (Not designated)
8 Expunged - accessible by judges, magistrates and clerks of court
9 Sealed - accessible by judges and clerks of court

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E-FILED 2014 DEC 04


02811
- 2014
DEC 05
02:00
PM COURT
SAC
9:57 DACV019576
AM WOODBURY
- CLERK
OF
DISTRICT
CLERK OF DISTRICT COURT
Page 4 of 9

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

BALBINA GOMEZ RIEDELL


Plaintiff/Petitioner,
VS
CHRISTOPHER MICHAEL RIEDELL
Defendant/Respondent.

Case No. 03971 DACV163195

Order

On December 3, 2014, the Court entered a temporary protective order and granted plaintiff temporary
custody of two minor children. The Court has become aware that the defendant has filed his own
petition for relief from domestic abuse in Sac County, Case DACV019573 and that the defendant has
been awarded temporary custody in that proceeding.
A hearing has been set for December 15, 2014, at 11:00 o'clock am. This petition shall be heard in
Sac County at the same time. The balance of the December 3, 2014, temporary protective order
remains in effect until further order of Court.
In light of this new information the Court hereby amends its December 3, 2014, protective order to
provide that temporary custody shall remain with the defendant.
Venue properly lies in Sac County and this case is hereby transfered to Sac County.
The protected party now advises the Court that she should have checked the blank indicating that law
enforcement receive a firearms warning. This information shall be provided to the Sac County Sheriff.
So ordered.
Copy provided to Defendant/Respondent.
Copy provided to Plaintiff/Petitioner.

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E-FILED 2014 DEC 04


02811
- 2014
DEC 05
02:00
PM COURT
SAC
9:57 DACV019576
AM WOODBURY
- CLERK
OF
DISTRICT
CLERK OF DISTRICT COURT
Page 5 of 9

State of Iowa Courts


Case Number
DACV163195
Type:

Case Title
GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHER
OTHER ORDER
So Ordered

Electronically signed on 2014-12-04 09:56:29

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E-FILED 2014 DEC 03


02811
- 2014
DEC 05OF
02:00
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SAC
E-FILED
10:56DACV019576
AM WOODBURY
- CLERK
DISTRICT
COURT
CLERK OF DISTRICT COURT
Page 6 of 9

3J0040

ORDER OF PROTECTION

03971 DACV163195
Judge: Jeffrey L. Poulson
County WOODBURY State IOWA

This order can be verified during business


hours with Woodbury County Clerk of
Court at 712-279-6611 or anytime with
the Sioux City Records at 712-279-6440

TEMPORARY PROTECTIVE ORDER


(Section 236.3 Petition)
ISSUE DATE: 12/03/14

PETITIONER/PROTECTED PARTY:
BALBINA GOMEZ RIEDELL
VS.
RESPONDENT/DEFENDANT:
CHRISTOPHER MICHAEL RIEDELL

Other Protected Persons:


Aiden Riedell and Damian Riedell

RESPONDENT Date of Birth


Address for Respondent (not shared with
Protected Party)
411 W 1st Wall Lake Iowa

THE COURT HEREBY FINDS:


It has jurisdiction over the parties and subject matter. Additional findings are set forth below.
THE COURT HEREBY ORDERS:
The above named Respondent is restrained from committing further acts of abuse or threats of
abuse. The above named Respondent is restrained from any contact with the Petitioner/Protected
Party. Additional terms of this order and exceptions to the above provisions are as set forth
below.
This order is effective upon service on respondent. It shall remain in effect until modified, terminated
or superseded by a later written order, or until the dismissal of the case, but in no event for more than
one year.
WARNINGS TO RESPONDENT:
This order shall be enforced, even without registration, by the courts of any state, the District
of Columbia, and U. S. Territory, and any tribal jurisdiction. 18 U.S. C 2265. Crossing state,
territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18
U.S.C. 2262. Only the court can change this order.
NOTICE FOR LAW ENFORCEMENT:

CAUTION :

If checked,
FIREARMS WARNING

The Respondent will be


provided with reasonable
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02811
- 2014
DEC 05OF
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SAC
E-FILED
10:56DACV019576
AM WOODBURY
- CLERK
DISTRICT
COURT
CLERK OF DISTRICT COURT
Page 7 of 9

for Law Enforcement

notice and opportunity to be


heard. See page 2, paragraph
8.

The court has considered the petition for Relief from Domestic Abuse and finds that a temporary
protective order under Iowa Code section 236.4(2) is necessary to protect the protected party named
above.
Therefore, the court ORDERS as follows:
1. Respondent shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse
the protected party. Respondent shall not use, or attempt to use, or threaten to use physical force
against the protected party that would reasonably be expected to cause bodily injury.
2. Respondent shall stay away from the protected party and shall not be in that party's presence
except in a courtroom during court hearings.
3. Respondent shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
4. The protected party shall have exclusive possession of the residence located at wherever
located.
Respondent shall not go to, enter, occupy or remain in that residence or any other residence in
which the protected party is staying, under any circumstance. Respondent shall turn over to the
sheriff all devices that allow access or entry to the residence or outbuildings (for example, keys or
garage openers). Respondent may enter the residence once in the company of a peace officer to
retrieve respondent's clothing and work-related items. The law enforcement agency shall contact
the protected party to provide notice of the intent of the respondent to return to the residence and to
accommodate the safety concerns of the protected party.
5. If checked, the protected party shall have the right to exclusive use and possession of the
2001 white Jeep
vehicle until further order of the court, and the sheriff shall take custody of the respondent's keys to
the vehicle upon service of this order. Sheriff will turn vehicle keys over to the protected party.
6. If checked, the protected party is granted temporary custody of these children (list names
and ages):
Aiden Riedell age 5 Damian Riedell age 3
If the children are not presently in the care of the protected party, the children shall be returned to the
protected party's custody at the following time and manner:
Unless modified by order filed in this proceeding or in a juvenile court proceeding affecting the same
children, this temporary order shall prevail over any other existing custody order. The issue of
visitation will be addressed at the hearing mentioned below. Until such time, respondent shall not
contact these children and shall not contact the protected party about visitation.
7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation
may occur even if the protected party consents to conduct that is prohibited by this order. Only the
court can relieve respondent from the restrictions contained in this order.
8. A hearing on Domestic Abuse is scheduled on 12/17/2014 at 8:45 AM at the Woodbury
Co Courthouse, 620 Douglas St, Sioux City, IA. , to decide if a final protective order should
be entered. Failure of the respondent to appear may result in a final protective order being
entered against the respondent. Failure of the protected party to appear may result in the case
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02811
- 2014
DEC 05OF
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E-FILED
10:56DACV019576
AM WOODBURY
- CLERK
DISTRICT
COURT
CLERK OF DISTRICT COURT
Page 8 of 9

being dismissed. Each party has the right to be represented by an attorney at this hearing. The
parties shall bring copies of any existing child custody orders to the hearing.
9. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy of
the protected party and/or the protected party's children, the clerk of court shall, until further order of
the court, (check any that apply):
seal the entire file from public access, other than court orders and child support payment records.
seal the following portion(s) of the file from public access: .
redact protected party's actual address and location information prior to public dissemination
of court orders, child support payment records, and other records available at the clerk's office or
through the Iowa Court Information System (ICIS).
Whether or not any boxes are checked above, the indices available at the clerk's office or
through Iowa Courts Information System (ICIS) shall remain open.
10. The Respondent may be required to relinquish all firearms, offensive weapons, and
ammunition upon issuance of a permanent protective order.

The Sac County Sheriff shall serve and return service upon the respondent, the petition/motion and
this order at least two days before the hearing.
The clerk of court shall provide copies of this order to the parties and law enforcement agencies,
pursuant to Iowa Code sections 236.5(5) and 664A.(4).
NOTICE: If you have a disability and need assistance to participate in court proceedings, please
call the ADA Coordinator at 712-279-6035. If you are hearing impaired, call Relay Iowa TTY at
1-800-735-2942.

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E-FILED 2014 DEC 03


02811
- 2014
DEC 05OF
02:00
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E-FILED
10:56DACV019576
AM WOODBURY
- CLERK
DISTRICT
COURT
CLERK OF DISTRICT COURT
Page 9 of 9

State of Iowa Courts


Case Number
DACV163195
Type:

Case Title
GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHER
OTHER ORDER
So Ordered

Electronically signed on 2014-12-03 10:55:50

4 of 4

E-FILED 2014 DEC 12 1:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Balbina Gomez Riedell


Plaintiff/Protected Party,

CASE NO. DACV019576

vs.

APPEARANCE

Christopher Michael Riedell


Respondent.
Iowa Legal Aid appears on behalf of the Protected Party, Balbina Gomez Riedell, in this
matter.

Respectfully submitted,

/s/Jennifer H. Wilkerson ________


Jennifer H. Wilkerson AT0009071
Attorney for Protected Party
Iowa Legal Aid
520 Nebraska Street, Suite 337
Sioux City, Iowa 51101-1316
Phone: 712-277-8686
Fax: 712-277-2554
jwilkerson@iowalaw.org

PROOF OF SERVICE
I certify that a copy of the above was or will be served upon
all parties or their attorneys at their last known
addresses on December 12, 2012, by:
__X__

U.S. Mail

__X__

Hand Delivered

____

Overnight Courier

Federal Express

____

Certified Mail

____
__X__

____

Other: EDMS

Signature: /s/Jennifer H. Wilkerson

FAX

E-FILEDAgreement
2014 DEC
16 2:15
PMPetition).
SAC - CLERK OF DISTRICT COURT
Form 4.3: Protective Order by Consent
(Section
236.3
Case No.

Order of Protection

DACV019576 and DACV019573

Judge _____________________________________________
(print or type name here)

This order can be verified during business hours with the Sac
County Clerk of Court at 712-662-7791or anytime with the
Sac County Sheriffs Department at 712-662-7127.

County

SAC

State

IOWA

MUTUAL PROTECTIVE ORDER


BY CONSENT AGREEMENT
(Section 236.3 Petition)
ISSUE
DATE:

12/15/14

Other Protected Persons:

PETITIONER/PROTECTED PARTY:

___________________________________________________

Balbina Gomez Riedell


First

Middle

Last

___________________________________________________

V.
RESPONDENT/DEFENDANT:

RESPONDENT Date of Birth

Christopher Michael Riedell


First

___________________________________________________

Middle

___________________________________________________
Last

Address for Respondent (not shared address with Protected Party)

___________________________________________________
If checked,

FIREARMS WARNING
for Law Enforcement

CAUTION:

PETITIONER/PROTECTED PARTY:

Christopher Michael Riedell


First

Middle

Last

V.
RESPONDENT/DEFENDANT:

Balbina Gomez Riedell


First

Middle

Last
If checked,

CAUTION:

Effective date January 30, 2007

FIREARMS WARNING
for Law Enforcement

___________________________________________________

E-FILED 2014 DEC 16 2:15 PM SAC - CLERK OF DISTRICT COURT


THE COURT HEREBY FINDS:
It has jurisdiction over the parties and subject matter, and the Respondent has been provided with reasonable notice and
opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:


The above named Parties are restrained from committing further acts of abuse or threats of abuse.
The above named Parties are restrained from any contact with the other Party.
Additional terms of this order and exceptions to the above provisions are as set forth below.
This order shall remain in effect until 12/15/15 (one year from todays date) unless it is modified, terminated, extended, or
superseded by written order of the court, or until the dismissal of the case.

WARNINGS TO RESPONDENT:
This order shall be enforced, even without registration, by the courts of any state, the District of Columbia,
any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state, territorial, or tribal
boundaries to violate this order may result in federal imprisonment (18 U.S.C. 2262).
Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or
ammunition (18 U.S.C. 922(g)(8)).
Only the court can change this order.

Effective date January 30, 2007

E-FILED2014,
2014a DEC
16 2:15
PM SAC - CLERK
OF DISTRICT
COURT
On this 15 day of December,
hearing
was scheduled
in this matter
on the Petition
for Relief from Domestic Abuse.
The following persons were present and agreed to entry of this Protective Order by Consent Agreement: Balbina Gomez Riedell
and her attorney, Jennifer Wilkerson; Christopher Riedell and his attorney Bruce Becker.
The court FINDS by a preponderance of the evidence:
(1) Both parties were personally served with a copy of the petition and the temporary protective order containing notice of
this hearing.
(2) The parties appeared and each consented to the entry of this order.
[ ]
(3) If checked, the respondent committed a domestic abuse assault against the protected party.
[ ]
(4) If checked, the court finds the respondent and protected party meet the definition of intimate partners as defined in 18
U.S.C. 921(a)(32) (intimate partner means, with respect to a person, the spouse of the person, a former spouse of the person,
an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person).
IF (4) IS CHECKED, the court must check box 6, prohibiting the respondent from possessing firearms.
Therefore, pursuant to Iowa Code Chapter 236, the court ORDERS as follows:
1. Neither party shall not threaten, assault, stalk, molest, attack, harass or otherwise abuse the other party. Neither party
shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to
cause bodily injury.
2. Neither shall not communicate with the other party in person or through any means including third persons. This
restriction shall not prohibit communication through legal counsel.
3. The Parties shall have exclusive possession of the residence located at wherever they reside. Neither party shall go to,
enter, occupy or remain in that residence or any other residence in which the other party is staying, under any circumstance.
4. (Insert additional provisions expressly limiting contact, if any, including limitations on access to protected partys school
or workplace):____________________________________________________________________________________________
5. The plaintiff/protected party is granted temporary custody of these children (list names and ages): To be decided by
further order of the court.
The defendant/respondent is granted visitation with these children as follows (specify times, places and method of implementation
of visitation):__To be decided by further court order. _________________________________.
The respondent shall not otherwise contact these children and shall not contact the protected party about visitation except as
provided in this order.
[ ]
6. If checked, the respondent shall not possess firearms while this order is in effect. Respondent shall deliver all firearms
to the _____________________ County Sheriff or ____________________________________ (law enforcement agency) on or
before ______________________, 20____. The respondent is advised that the issuance of this protective order may also affect
the right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).
7. A RESPONDENT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the
protected party consents to conduct that is prohibited by this order. Only the court can relieve respondent from the restrictions
contained in this order.
8. This order is effective immediately.
[ ]
9. If checked, court costs are assessed against respondent.
10. The court finds, pursuant to Iowa Code section 236.10, that to protect the safety or privacy of the protected party
and/or the protected partys children, the clerk of court shall, until further order of the court (check any that apply)
[ ] seal the entire file from public access, other than court orders and child support payment records.
[ ] seal the following portion(s) of the file from public access: _____________________________________________
________________________________________________________________________________________________.
[ ] redact protected partys actual address and location information prior to public dissemination of court orders, child
support payment records, and other records available at the clerks office or through the Iowa Court Information System (ICIS).
Whether or not any boxes are checked above, the indices available at the clerks office or through the Iowa Court
Information System (ICIS) shall remain open.

Effective date January 30, 2007

E-FILED 2014 DEC 16 2:15 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONSENT DECREE

Case Number
DACV019576

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
So Ordered

Electronically signed on 2014-12-16 14:15:19

page 4 of 4

E-FILED 2014 DEC 16 3:57 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


CHRISTOPHER MICHAEL RIEDELL,

)
)
Plaintiff,
)
Case No. DACV019573
)
vs.
)
ORDER
)
BALBINA GOMEZ RIEDELL,
)
)
Defendant.
)
)
BALBINA GOMEZ RIEDELL,
)
)
Plaintiff,
)
)
vs.
)
)
CHRISTOPHER MICHAEL RIEDELL,
)
)
Defendant.
)
________________________________________________________________________
On December 5, 2014, petitions for relief from domestic abuse came on for
hearing in the two above captioned cases. The parties represented they were going to
submit a proposed consent decree resolving all issues except for the issue of the custody
of D.R., born in 2011, and visitation. The parties indicated that the consent decree would
include no finding of domestic abuse and no finding that the parties were intimate
partners. The proposed consent decree has been submitted and approved. The purpose of
this order is to address the matter of D.R.s physical care and visitation.
The parties have been married for about four years and are the parents of, D.R.,
age three years and ten months. On November 22, 2014, the parties had a heated
argument. Christopher called 911. Balbina then left the marital home with D.R.
She did not tell Christopher where she was going. She took D.R. with her to a shelter in
Woodbury County. Christopher continued to reside in the marital home in Wall Lake

E-FILED 2014 DEC 16 3:57 PM SAC - CLERK OF DISTRICT COURT

with his six-year-old son A.R., a child from another relationship. Christopher had no
contact with D.R. until Balbina, pursuant to a Court order, transferred care to him on
December 1, 2014.
Balbina is twenty-eight years old. She has continued to reside in Woodbury
County since November 22, 2014, but represents that she intends to return to the Wall
Lake area. She apparently makes and sells craft items. She is not otherwise employed.
She has no drivers license. She is a citizen of Mexico. Her parents and her four siblings
reside in Mexico. She struggles with English, both in her understanding of the language
and in making herself understood. She represents she intends to start studying English.
She is not legally in this country. She represents she has contacted an immigration
attorney and denies any intent to take D.R. to Mexico. Balbina represents she has the
support of a cousin in Denison and a few friends in the Wall Lake area. When the parties
were together, Balbina was the childrens primary care provider. The children did go to
Ms. Radloffs a couple times each week to be with other children and usually had contact
with Christophers extended family on the weekends.
Christopher is thirty years old. He has lived in Wall Lake for most of his life,
being away only for some employment and to attend college. Christophers father lives
in Wall Lake and his mother lives in Sac City. She is fifty-eight years old and in good
health. Christopher has two brothers and a sister in Sac City. All are supportive and
willing to assist him. He is employed at Iowa Select. He has health insurance for the
children through his employer. He has a drivers license.
Since December 1, 2014, Christopher has cared for D.R. D.R. stays with his
paternal grandmother when Christopher is at work. She cares for other children as well.

E-FILED 2014 DEC 16 3:57 PM SAC - CLERK OF DISTRICT COURT

If she is not available, Christophers brother or one of his sisters will take the child. D.R.
will begin Head Start in January. Christopher gets off work at 4 p.m. He spends the time
after he gets off work until the childrens bedtime with the children. He plays with them
and sometimes Christopher takes them to visit their paternal grandfather. Christopher
cooks for the children, sees that they are bathed and gets them in bed by 9 p.m. He plans
weekend activities. He recently took the boys to Des Moines for a hockey game. The
tickets were made available through his employer.
In this Courts view, Christopher should be awarded primary physical care of
D.R. at this time, even though Balbina has previously been his primary caregiver. D.R. is
familiar with Christophers home. Placing D.R. with Balbina would result in the
separation of half siblings. It is unclear where Balbina is currently living in Woodbury
County and it is unclear where she would live in the Wall Lake area if she were to return.
Her lack of a drivers license would make it difficult for her to transport the child.
Balbinas difficulty with the English language and her illegal status in this country
present her with additional challenges that would impact on the child if she were to have
his physical care. Balbinas expressed concerns about Christopher are that he exposes the
children to dangerous situations and does not consider the consequences. Specifically,
she states that he plays rough with them and exposes them to firearms and shooting
ranges. No evidence was presented of any injuries or close calls or that Christopher does
not take appropriate safety measures.
ORDER
IT IS THEREFORE ORDERED:
1.

Christopher is awarded physical care of D.R.

E-FILED 2014 DEC 16 3:57 PM SAC - CLERK OF DISTRICT COURT

2.

Balbina shall have visitation with D.R. every other weekend from Friday

at 6 p.m. to Sunday at 6 p.m., commencing the weekend of December 26, 2014.


However, prior to any visitation being exercised, counsel for the parties shall agree upon
where Balbina shall exercise her visitation, the manner in which Balbina shall transport
the child, and where the parties shall exchange the child for visitation, and shall submit a
proposed supplemental order for this Courts approval.
3.

This order is subject to any custodial order entered in any dissolution

action involving the parties.

E-FILED 2014 DEC 16 3:57 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
DACV019576
DACV019573

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
CHRIS RIEDELL VS BALBINA RIEDELL
So Ordered

Electronically signed on 2014-12-16 15:57:43

page 5 of 5

E-FILED 2014 DEC 17 2:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 DEC 22 2:27 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Christopher Michael Riedell


Plaintiff

CASE NO. DACV019573 and


DACV019576

vs.
Balbina Gomez Riedell
Defendant.

Proposal on Visitation Terms

Balbina Gomez Riedell


Plaintiff
Vs.
Christopher Michael Riedell
Defendant
The parties cannot reach an agreement on the terms of Ms. Riedells visitation. Ms.
Riedell proposes the following:
1. The parties exchange the child at the home of Abby Meister.
2. An advocate from Family Crisis Center or another responsible driver with a valid
drivers license will transport Ms. Riedell to and from Abby Meisters for visitation.
3. The child will have appropriate overnight sleeping arrangements at the domestic
abuse shelter in Woodbury County until she secures a new place of residence in
the coming weeks.
Ms. Riedell is currently living in a safe place in Woodbury County. She is working with
an immigration attorney and has testified, under oath, that she has no intention of
running to Mexico with their child.
Ms. Riedell respectfully requests that the court order the above proposal and allow her
visitation to start at 6pm on Friday, December 26, 2014.

E-FILED 2014 DEC 22 2:27 PM SAC - CLERK OF DISTRICT COURT

Respectfully submitted,

/s/Jennifer H. Wilkerson ________


Jennifer H. Wilkerson AT0009071
Attorney for Balbina Gomez Riedell
Iowa Legal Aid
520 Nebraska Street, Suite 337
Sioux City, Iowa 51101-1316
Phone: 712-277-8686
Fax: 712-277-2554
jwilkerson@iowalaw.org

PROOF OF SERVICE
I certify that a copy of the above was or will be served upon
all parties or their attorneys at their last known
addresses on December 22, 2014, by:
____

U.S. Mail

____

Hand Delivered

____

Federal Express

__X__

____
____
____

Other: EDMS

Signature: /s/Jennifer H. Wilkerson

FAX

Overnight Courier
Certified Mail

E-FILED 2014 DEC 22 4:47 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Christopher Michael Riedell


Plaintiff

CASE NO. DACV019573 and


DACV019576

vs.
Balbina Gomez Riedell
Defendant.

Motion to Strike Evidentiary Statements


and Untimely Requests.

Balbina Gomez Riedell


Plaintiff
Vs.
Christopher Michael Riedell
Defendant
Ms. Riedell, through her attorney, states the following in support of her Motion to Strike:
1. Mr. Riedell submitted his proposal for terms of visitation.
2. Included with this proposal was additional evidence that was never testified to in
the court hearing. This includes items: (e), (f), (g), (h), (j), (k) and (l).
3. In addition, Mr. Riedell is now asking for supervised visitation which he did not
asked the court for in the original hearing. More importantly, the court did not
order supervised visitation.
4. Mr. Riedell also never requested that Ms. Riedell be required to go to his home,
which she is not comfortable in, in order to exercise her visitation with their son in
the original hearing. This is not reasonable or practical.
5. Mr. Riedell is also now asking that Ms. Riedells passport be turned into the Sac
County Sheriffs Office for holding (along with his own). This was also not
requested during the original hearing.
Ms. Riedell respectfully requests that the Court strike the above evidentiary statements
and give no consideration to the requests not previously raised by Mr. Riedell.

E-FILED 2014 DEC 22 4:47 PM SAC - CLERK OF DISTRICT COURT

Respectfully submitted,

/s/Jennifer H. Wilkerson ________


Jennifer H. Wilkerson AT0009071
Attorney for Balbina Gomez Riedell
Iowa Legal Aid
520 Nebraska Street, Suite 337
Sioux City, Iowa 51101-1316
Phone: 712-277-8686
Fax: 712-277-2554
jwilkerson@iowalaw.org

PROOF OF SERVICE
I certify that a copy of the above was or will be served upon
all parties or their attorneys at their last known
addresses on December 22, 2014, by:
____

U.S. Mail

____

Hand Delivered

____

Federal Express

__X__

____
____
____

Other: EDMS

Signature: /s/Jennifer H. Wilkerson

FAX

Overnight Courier
Certified Mail

E-FILED 2014 DEC 23 10:03 AM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BALBINA GOMEZ RIEDELL ,


PLAINTIFF(S),

Case No. 02811 DACV019576

vs.
CHRISTOPHER MICHAEL RIEDELL ,

ORDER

DEFENDANT(S).

Because the Court did not feel it had adequate information to enter specifics regarding
visitation when it entered its custodial order in this matter, it directed the parties to agree
upon the location of visitation, the method of transport and where the child would be
exchanged for visitation. The parties have now indicated that they cannot agree.

IT IS THEREFORE ORDERED:

1. A hearing will be held on December 29, 2014, at 10:30 a.m. to determine the details
of visitation. The Motion to Strike will be heard at the same time.

2. The Clerk of Court shall arrange for an interpreter at the hearing.

CLERK TO FURNISH COPIES TO:


Counsel of Record

1 of 2

E-FILED 2014 DEC 23 10:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DACV019576
Type:

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
OTHER ORDER
So Ordered

Electronically signed on 2014-12-23 10:02:30

2 of 2

E-FILED 2014 DEC 23 3:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BALBINA GOMEZ RIEDELL


CASE NO. DACV019576
vs.
REQUEST REGARDING INTERPRETER
CHRISTOPHER RIEDELL

CHRISTOPHER RIEDELL
CASE NO. DACV019573
vs.
REQUEST REGARDING INTERPRETER
BALBINA GOMEZ RIEDELL

Balbina Gomez Riedell, through her attorney, Jennifer Wilkerson, states the following in
support of her motion to request a different interpreter:
1. Ms. Riedell was uncomfortable with the interpretation services provided by Mike
Rosalez after the court admonished him for not interpreting exactly what was
asked.
Therefore, Ms. Riedell respectfully requests that a different interpreter be appointed for
the December 29, 2014 hearing.

Respectfully submitted,

/s/Jennifer H. Wilkerson ________


Jennifer H. Wilkerson AT0009071
Attorney for Ms. Riedell
Iowa Legal Aid
520 Nebraska Street, Suite 337
Sioux City, Iowa 51101-1316
Phone: 712-277-8686
Fax: 712-277-2554
jwilkerson@iowalaw.org

E-FILED 2014 DEC 23 3:06 PM SAC - CLERK OF DISTRICT COURT


PROOF OF SERVICE
I certify that a copy of the above was or will be served upon
all parties or their attorneys at their last known
addresses on December 23, 2014, by:
____

U.S. Mail

____

Hand Delivered

____

Federal Express

__X__

____
____
____

Other: EDMS

Signature: /s/Jennifer H. Wilkerson

FAX

Overnight Courier
Certified Mail

E-FILED 2014 DEC 29 9:01 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY


BALBINA GOMEZ RIEDELL ,
Plaintiff,
Case No: 02811 DACV019576
vs
ORDER APPOINTING INTERPRETER
CHRISTOPHER MICHAEL RIEDELL ,
Defendant.
The above entitled matter comes before the court for attention. The court is advised that the
services of an interpreter are reasonably necessary to ensure complete and accurate communication
with a witness or the defendant and, therefore, pursuant to Iowa Ct.R. 47.2 competent interpreter
must be appointed.
ORDER
IT IS THEREFORE ORDERED as follows:
1. The following Class B-roster interpreter is appointed: Maria Casso Kotlarz.
2. After the close of proceedings, the interpreter shall submit a claim for compensation to the court. A
form for this purpose may be obtained from the clerk of court. The interpreter shall be paid at the rate
listed on the judicial branch webpage:
http://www.iowacourts.gov/Administration/Court_Interpreters/Court_Interpreter_Compensation/
3. The court finds that the defendant is indigent.

Clerk to provide notice or copies to:


Plaintiff / Plaintiff's Attorney
Defendant's Attorney
Defendant
Interpreter

1 of 2

E-FILED 2014 DEC 29 9:01 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DACV019576
Type:

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
ORDER APPOINTING COURT INTERPRETER
So Ordered

Electronically signed on 2014-12-29 09:00:55

2 of 2

E-FILED 2014 DEC 29 10:51 AM SAC - CLERK OF DISTRICT COURT

2RCV12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
BALBINA G RIEDELL
Plaintiff,

Case No. 02811 DACV019576

vs.
CHRISTOPHER M RIEDELL

COURT REPORTER
MEMORANDUM AND CERTIFICATE

Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For Plaintiff/Petitioner: Bruce Becker
For Defendant/Respondent: Jennifer Wilkerson
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil Procedure
1.903(3):
1. The type of proceeding that was reported: 236
2. The date(s) on which the proceeding occurred: December 29, 2014
3. The name of the court reporter who reported the proceeding: Tara Gibson
4. The name of the judge who presided over the proceeding: Gary McMinimee
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the official court
reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing
is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made
and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section
624.10.
/s/Tara Gibson
_________________________________________

1 of 2

E-FILED 2014 DEC 29 10:51 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DACV019576
Type:

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2014-12-29 10:51:07

2 of 2

E-FILED 2014 DEC 29 2:15 PM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BALBINA GOMEZ RIEDELL ,


PLAINTIFF(S),

Case No. 02811 DACV019576

vs.
CHRISTOPHER MICHAEL RIEDELL ,

ORDER

DEFENDANT(S).

These matters came before the Court on December 29, 2014. The parties appeared
with their attorneys. At that time both parties requested that the mutual protective order
by consent agreement be vacated.

IT IS THEREFORE ORDERED:

1. The mutual protective order by consent agreement entered in the above-captioned


cases is vacated.

2. The Petition in DACV019576 is dismissed without prejudice.

3. The Petition in DACV019573 is dismissed without prejudice.

4. The December 16, 2014 order regarding physical care and visitation is vacated.

1 of 3

E-FILED 2014 DEC 29 2:15 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:


Counsel of Record

2 of 3

E-FILED 2014 DEC 29 2:15 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
DACV019576
Type:

Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
OTHER ORDER
So Ordered

Electronically signed on 2014-12-29 14:14:52

3 of 3

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