Ostergren v. Iowa Dist. Court for Muscatine County
Annotate this CaseOn July 22, 2014, the Muscatine County District Court issued an administrative order prescribing a formal procedure through which persons protected by orders of protection entered in criminal proceedings may seek to have them modified or terminated. The Muscatine County Attorney subsequently initiated an original proceeding in the Supreme Court seeking a writ of certiorari, contending that the administrative order exceeded the district court’s authority because it allowed victims in criminal cases to circumvent the County Attorney’s office and directly seek a modification or termination of no-contact orders in criminal cases. The Supreme Court issued a writ of certiorari. The Court then annulled the writ, holding that the administrative order was well within the district court’s authority, as the challenged order did not establish a right to modification or termination of no-contact orders in criminal cases but, rather, simply created a procedure for seeking such relief.
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