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DACV019576 - Order of Protection
DACV019576 - Order of Protection
DACV019576 - Order of Protection
Binder Information
E-FILED
E-FILED
Dated: December 5, 2014
CGORDON
Clerk of Court/Designee
WOODBURY County
2 of 2
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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Case Title
GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHER
OTHER ORDER
So Ordered
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3J0040
ORDER OF PROTECTION
03971 DACV163195
Judge: Jeffrey L. Poulson
County WOODBURY State IOWA
PETITIONER/PROTECTED PARTY:
BALBINA GOMEZ RIEDELL
VS.
RESPONDENT/DEFENDANT:
CHRISTOPHER MICHAEL RIEDELL
CAUTION :
If checked,
FIREARMS WARNING
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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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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Case Title
GOMEZ RIEDELL, BALBINA VS RIEDELL, CHRISTOPHER
OTHER ORDER
So Ordered
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vs.
APPEARANCE
Respectfully submitted,
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
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
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
12/15/14
PETITIONER/PROTECTED PARTY:
___________________________________________________
Middle
Last
___________________________________________________
V.
RESPONDENT/DEFENDANT:
___________________________________________________
Middle
___________________________________________________
Last
___________________________________________________
If checked,
FIREARMS WARNING
for Law Enforcement
CAUTION:
PETITIONER/PROTECTED PARTY:
Middle
Last
V.
RESPONDENT/DEFENDANT:
Middle
Last
If checked,
CAUTION:
FIREARMS WARNING
for Law Enforcement
___________________________________________________
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.
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.
Case Number
DACV019576
Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
So Ordered
page 4 of 4
)
)
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
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.
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.
2.
Balbina shall have visitation with D.R. every other weekend from Friday
OTHER ORDER
Case Number
DACV019576
DACV019573
Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
CHRIS RIEDELL VS BALBINA RIEDELL
So Ordered
page 5 of 5
vs.
Balbina Gomez Riedell
Defendant.
Respectfully submitted,
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
FAX
Overnight Courier
Certified Mail
vs.
Balbina Gomez Riedell
Defendant.
Respectfully submitted,
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
FAX
Overnight Courier
Certified Mail
2RCV01
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.
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Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
OTHER ORDER
So Ordered
2 of 2
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,
U.S. Mail
____
Hand Delivered
____
Federal Express
__X__
____
____
____
Other: EDMS
FAX
Overnight Courier
Certified Mail
1 of 2
Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
ORDER APPOINTING COURT INTERPRETER
So Ordered
2 of 2
2RCV12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
BALBINA G RIEDELL
Plaintiff,
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
_________________________________________
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Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
2RCV01
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:
4. The December 16, 2014 order regarding physical care and visitation is vacated.
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2 of 3
Case Title
BALBINA GOMEZ RIEDELL VS CHRISTOPHER RIEDELL
OTHER ORDER
So Ordered
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