from the Iowa District Court for Polk County, Donna L.
ex-husband challenges a civil order of protection issued at
the request of his ex-wife. AFFIRMED.
B. Howie of Shindler, Anderson, Goplerud & Weese, P.C.,
West Des Moines, for appellant.
Jeffrey J. Cook of Patterson Law Firm, L.L.P., Des Moines,
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
Flick appeals the domestic-abuse protective order prohibiting
contact between Flick and his former spouse, Agnieszka
Katarzyna Marcinowicz. He asserts the district court's
findings were not supported by substantial evidence because
Marcinowicz did not allege "a current act qualifying as
substantial evidence to support the district court's
findings. We affirm the grant of the protective order for
three reasons: (1) Iowa Code chapter 236 (2016) has no
provision requiring a petition to be filed within a specific
time after an alleged assault, (2) Flick has a history of
assaulting and intimidating Marcinowicz, and (3) she sought
to extend protection promptly after the dismissal of a
criminal no-contact order.
Facts and Prior Proceedings
and Marcinowicz married in December 2006 and had two children
together. The children were born in 2007 and 2011.
Marcinowicz filed for divorce in February 2013 and initially
sought a protective order, citing past instances of domestic
abuse. She voluntarily dismissed her petition for the
protective order on February 15, 2013, after reaching an
agreement through counsel prohibiting Flick from contacting
February and March of 2015, Flick violated this agreement by
acting aggressively at their children's extracurricular
activities. Marcinowicz testified Flick came to their older
daughter's dance studio, "pushed" Marcinowicz,
and "ripped" their younger child from her arms. He
then followed Marcinowicz around the studio-making lewd
comments and trying to intimidate her. Marcinowicz also
testified to Flick behaving similarly at a gymnastics event
the next month before she called the police.
State filed criminal charges against Flick in February 2016,
contending he assaulted Marcinowicz in early 2015, as well as
alleging he stalked her by hiding a recording device inside a
children's toy, placing a tracker on Marcinowicz's
car, and monitoring her email. As part of the criminal case,
the district court issued a no-contact order prohibiting
Flick from interacting with Marcinowicz.
officially divorced in April 2016. The divorce took roughly
three years from petition to decree. In the decree, the
district court noted Flick had "demonstrated many of the
classic signs of a domestic abuser." The court found
Flick assaulted Marcinowicz on multiple occasions during the
marriage. The court placed sole legal custody and sole
physical care of the children with Marcinowicz. The court
allowed Flick only supervised visitation. Flick appealed the
custody and property provisions; our court affirmed the
decree. In re Marriage of Marcinowicz-Flick and
Flick, No. 16-0944, 2017 WL 936160 (Iowa Ct. App. Mar.
November 2016, Flick stood trial for stalking Marcinowicz. A
jury found Flick not guilty, resulting in rescission of the
criminal no-contact order. Following the advice of the
prosecutor, the next day Marcinowicz sought a civil
protective order under chapter 236. The district court ...