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Lucas v. Iowa District Court for Linn County

Court of Appeals of Iowa

October 10, 2018

ALAN LEE LUCAS, Plaintiff-Appellant,
v.
IOWA DISTRICT COURT FOR LINN COUNTY, Defendant-Appellee.

          Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.

         By way of certiorari, Alan Lucas challenges the sufficiency of the evidence to support the district court's finding of contempt.

          Eric D. Tindal of Keegan & Farnsworth, Iowa City, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., McDonald, J., and Scott, S.J. [*]

          SCOTT, SENIOR JUDGE.

         In 2013, a jury found Alan Lucas guilty of first-degree theft and ongoing criminal conduct. This court affirmed his conviction and sentence on direct appeal. See generally State v. Lucas, No. 14-0458, 2015 WL 4468844 (Iowa Ct. App. July 22, 2015). On May 2, 2014, the district court entered an order of protection prohibiting Lucas from having contact with a number of protected parties. The no-contact order provided, in relevant part, the following:

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 and exceptions to the above provisions are set forth below.
. . . .
(1) Defendant shall not communicate with the protected party in person or through any means including third persons, or through any electronic means . . . . This restriction shall not prohibit communication through legal counsel.
. . . .
(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, or ...

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