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Case No. 20-0805

Desiree Nicole Benda
v.
Travis James Streif

Appellee

Desiree Nicole Benda

Appellant

Travis James Streif

Attorneys for Appellee

Desiree Benda, self-represented

Attorneys for Appellant

Judith O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0805
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Howard County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (8 pages)

            Travis Streif appeals the imposition of a protective order pursuant to Iowa Code chapter 236 (2020).  Travis argues the district court erred in considering a prior chapter 236 action that was ultimately dismissed and in finding the allegations against him rose to the level of assault.  OPINION HOLDS: Chapter 236 contains no time limit in which a petition must be filed and, although a delay may be taken into consideration, claims resulting from past conduct will not be a bar.  Our review of the record shows a prior domestic abuse assault conviction, and Desirée proved there was a current threat to her physical safety by a preponderance of the evidence.

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