012565 agcr - domestic abuse assault charge against odebolt woman dismissed

8/11/2019 012565 AGCR - Domestic Abuse Assault Charge Against Odebolt Woman Dismissed

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E-FILED 2014 JUN 11 1:33 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

RHONDA LEE MURRGAVIEL V OCHOA,

Defendant.

Case No: 02811 AGCR012565

INITIAL APPEARANCE

Charges:01 - 708.2A(2)(c) - DOMESTIC ABUSE ASSAULT display OR USE WEAPON - 1ST OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail

2 Years Prison

And/Or $Not less than $625 nor more than $6,250 plus 35% surcharge and court costs

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

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E-FILED 2014 JUN 11 4:18 PM SAC - CLERK OF DISTRICT COURT


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5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:You are not to have any contact with Graviel Ochoa nor he with you until further order of the court.

You shall not commit any further acts of domestic abuse assault.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 06/30/2014 at 9:30 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS

ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED.If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleAGCR012565 STATE VS RHONDA LEE MURRType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-06-11 16:18:20

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection Case No. 02811 AGCR012565

This order can be verified during business hourswith the SAC County Clerk of Court at:(712) 662-7791.

Judge Bush

or anytime with the SAC County Sheriff'sOffice at: (712) 662-7791 . NO CONTACT ORDER

ISSUE DATE: 06/11/2014

PROTECTED PARTY: Grariel Ochoa Other Protected Persons:

STATE OF IOWA, VS

DEFENDANT: Defendant Date of Birth: 1-11-62

RHONDA LEE MURRGAVIEL V OCHOA

Address for Defendant (not shared address wprotected party)

CAUTION: If checked, FIREARMSWARNINGfor law enforcement

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

THE COURT HEREBY ORDERS:

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The above named Defendant is restrained from committing further acts of abuse or threats of abuse.The above named Defendant is restrained from any contact with the Protected Party.Additional terms of this order are as set forth below.This order shall remain in effect until modified or terminated by further written order of the court, untilthe case is dismissed, or until sentencing.WARNINGS TO DEFENDANT:This order shall be enforced, even without registration, by the courts of any state, the Districtof 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(18U.S.C. 2262).Federal law provides penalties for possessing, transporting shipping, or receiving any firearmor ammunition (18 U.S.C.922(g)(8)).Only the court can change this order.

On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant'sappearance, the court finds there is probable cause to believe that a violation ofIowa Code section 708.2A Domestic Abuse Assualt has occurred.the presence of the defendant in the alleged victim's residence poses a threat to the safety of thealleged victim, persons residing with the alleged victim, or members of the alleged victim's immediatefamily.

If checked, the court finds the defendant and protected party meet the definition of intimatepartners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, thespouse of the person, a former spouse of the person, an individual who is a parent of a child of theperson, and an individual who cohabitates or has cohabited with the person").

IF CHECKED, the court must check box 6, prohibiting the defendant from possessingfirearms.Therefore, the court orders as follows:1. Defendant shall not communicate with the protected party in person or through any meansincluding third persons. This restriction shall not prohibit communication through legal counsel.2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the

protected party. Defendant shall stay away from the protected party and shall not be in that party'spresence except in a courtroom during court hearings.3. The defendant, personally or through a third party, shall not threaten, assault, stalk, molest,attack, harass, or otherwise abuse the protected party, persons residing with the protected party, ormembers of the protected party's family. Defendant shall not use, or attempt to use, or threaten touse physical force against the protected party that would reasonably be expected to cause bodilyinjury.

4. If checked, defendant may enter the shared residence once in the company of a peaceofficer to retrieve defendant's clothing and work-related items. Defendant shall turn over to thelaw enforcement agency all devices that allow access or entry to the residence or outbuildings (for

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example, keys or garage openers). The law enforcement agency shall contact the protected party toprovide notice of the intent of the defendant to return to the residence and to accommodate the safetyconcerns of the protected party.

5. If checked, additional directives:

6. If checked, the defendant shall not possess firearms while this order is in effect as a condition ofrelease. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)on or before . The defendant 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. This protective order is in effect immediately. The order may be extended prior to expiration or atsentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation mayoccur even if the protected party(ies) consent(s) to prohibited contact. Only the court may releasedefendant from restrictions contained in this order.9. Except as specifically set out herein, this order shall not be construed as an award of personal orreal property to either the defendant or the protected party.

10. Bond is set at $

11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.

Defendant was personally served with a copy of this order by the court.

The clerk of court shall provide copies of this order to the protected party, county attorney,defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections236.5(5) and 664A.4.

The SAC County Sheriff shall serve and return service of this order upon defendant.NOTICE:If you have a disability and need assistance to participate in court proceedings, please callthe ADA Coordinator at (641) 421-0990.If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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Case Number Case TitleAGCR012565 STATE VS RHONDA LEE MURRType: NO CONTACT ORDER

So Ordered


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Judge Bush




STATE OF IOWA, VS







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So Ordered


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Judge Bush




STATE OF IOWA, VS







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So Ordered


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I N T H E

I O W A DISTRICT C O U R T

F O R

S T A T E

OFI O W A or

Plaintiff/Petitioner,

vs

Defendant/Respondent.

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SACCOUNTY

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No.

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O N

F O R A P P O I N T M E N TOF

C O U N S E L

Insupport o fmy applicationfor appointment o fcounsel,and under penalty of

perjury,

the undersigned statesIJ

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012565 agcr - domestic abuse assault charge against odebolt woman dismissed

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