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Case No. 20-0805

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Desiree Nicole Benda
Travis James Streif


Desiree Nicole Benda


Travis James Streif

Attorney for the Appellee

Desiree Benda, self-represented

Attorney for the Appellant

Judith O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 16, 2021

            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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