Iowa Code

Iowa Code § 236.11 (2026)

Duties of peace officer — magistrate

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault, or a protective order under chapter 232. If a peace officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a domestic abuse assault, or, if the person is an adult, a violation of a protective order under chapter 232, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and that the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.

2. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a domestic abuse assault, or a protective order under chapter 232, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or arrest warrant should be issued, or refer the matter to the county attorney.

3. If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.

4. A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another. [C81, §236.11] 86 Acts, ch 1179, §2; 87 Acts, ch 154, §5; 88 Acts, ch 1065, §2; 88 Acts, ch 1218, §17, 18; 91 Acts, ch 218, §10; 93 Acts, ch 157, §6; 96 Acts, ch 1134, §4; 2004 Acts, ch 1131, §3; 2017 Acts, ch 54, §76 Referred to in §664A.3, 664A.6, 664A.7 \n

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1995–2026 · leading case: State v. Lane, 743 N.W.2d 178 (Iowa 2007).
State v. Lane, 743 N.W.2d 178 (Iowa 2007). “Iowa Code § 236.11 . As a practical matter, Lane would have been held in jail until at least the next morning.”
United States v. O'Connell, 408 F. Supp. 2d 712 (N.D. Iowa 2005). “Iowa Code § 236.11 (2005). While the officers were on their way to Kelly’s house, Kelly told the Sheriffs Office that Defendant had left her house in a blue 1986 Ford Escort and was likely headed to his parents’ house at 1199 Sisley Grove Road.”
Henley v. Iowa Dist. Court for Emmet Cnty., 533 N.W.2d 199 (Iowa 1995). “Iowa Code § 236.11 . This legislative scheme further directs that a person taken into custody under section 236.”
State v. Moeller, 589 N.W.2d 53 (Iowa 1999). “See Iowa Code § 236.11 (1995) and 1995 Iowa Acts ch.”
Close v. City of Bellevue Iowa (N.D. Iowa 2024). · cites it 2× “” Iowa Code § 236.11 (1). It also provides that, if an officer “has probable cause to believe that a person has violated .”
Joshua Close v. City of Bellevue Iowa (8th Cir. 2026). “6(1)–(2), without any 3 The family also draws on the protective-order statute, see Iowa Code § 236.11 (1), but it is identical in all relevant respects, compare id.”
State Of Iowa Vs. James Donald Lane (Iowa 2007). “Iowa Code § 236.11 . As a practical matter, Lane would have been held in jail until at least the next morning.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.