E-FILED 2015 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY

This Complaint and Affidavit is to be:

Agency Case Number: 15-685

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Arrest Date:

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA

VS.

OFFENDER
Last

First

Middle

TAYLOR

JAMES

BRIAN

Suffix

Address

City

State

Zip Code

517 CHESTNUT ST

LYTTON

IA

50561

Date of Birth

Gender

Race

Ethnicity

8/2/1966

MALE

WHITE - W

NOT OF HISPANIC ORIGIN - N

State

Height

Weight

Eye Color

Hair Color

IA

6' 00"

200 LBS

BLUE - BLU

BROWN - BRO

OFFENSE
State Local

Code Section

Crime Description

Class

708.2A(2)(A)

DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

SMMS

Location Type

20 - RESIDENCE/HOME
Literal Description

6TH ST AND CHESTNUT AVE

Address

City

State

517 CHESTNUT

LYTTON

IA

Is Date and Time of Incident Known?

Incident Date or Low Range

YES

01/22/2014

Upper Date Range

Incident Time or Low Range

Zip Code

50561
Upper Time Range

00:30

STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY

CUSTODY

SUMMONS TO APPEAR
(Citation Issued)

WARRANT REQUESTED

NO CONTACT ORDER

RELEASED TO

REQUESTED

PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did

assault ___, a residing household member

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last

First

Middle

BIRD

LISA

MARIE

Suffix

Business/Organization/State/County/Municipality Name

Address

City

State

Zip

517 CHESTNUT ST

LYTTON

IA

50561

AFFIDAVIT

STATE OF IOWA,

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime

On January 22, 2014 at approximately 12:30 AM, the defendant slapped the victim on the left cheek during an argument. No visible injuries were noted
by the victim or law enforcement. The defendant and victim have had a romantic relationship for the previous five years and

Printed At

SAC COUNTY SHERIFF'S OFFICE

1/22/2015

8:07 AM

Page 1

of 2

Form #:

15-685

E-FILED 2015 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT

both live at the residence at 517 Chestnut St. in Lytton, Ia.

HATTERMAN, JOHN

81-6

Signature of Complainant or Officer, Officer Name & Number

GENERAL PROBABLE CAUSE

Defendant Implicated

07 - IDENTIFIED BY WITNESSES

Operating Motor Vehicle in County

STATE OF IOWA,

Other Physical Evidence

Attempted To Inflict Injury

SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

Printed At

Notary Name

KAREN KIME

Commission Number

777584

My Commission Expires

03/21/2016

SAC COUNTY SHERIFF'S OFFICE

01/22/2015

Signature of Verifying Party

Peace Officer

1/22/2015

8:07 AM

Page 2

of 2

Notary

Form #:

Prosecuting Attorney

15-685

E-FILED 2015 JAN 22 10:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Order of Protection
This order can be verified during business hours
with the SAC County Clerk of Court at:
(712) 662-7791.
or anytime with the SAC County Sheriff's
Office at: (712) 662-7791 .

Case No. 02811 SMCR012736

Judge Bush

NO CONTACT ORDER

ISSUE DATE: 01/22/2015

PROTECTED PARTY: Lisa Marie Bird

STATE OF IOWA,
VS
DEFENDANT:

Other Protected Persons:

Defendant Date of Birth: 8-02-14

JAMES BRIAN TAYLOR

Address for Defendant (not shared address with
protected party)

CAUTION: If checked, FIREARMS

WARNING for law enforcement
THE COURT HEREBY FINDS:
It has jurisdiction over the parties and subject matter, and the Defendant has been provided with
reasonable notice and opportunity to be heard. Additional findings are set forth below.

THE COURT HEREBY ORDERS:

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 are as set forth below.
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E-FILED 2015 JAN 22 10:33 AM SAC - CLERK OF DISTRICT COURT

This order shall remain in effect until modified or terminated by further written order of the court, until
the case is dismissed, or until sentencing.
WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District
of Columbia, any U.S. Territory, and any tribal jurisdiction (18 U.S.C. 2265). Crossing state,
territorial, or tribal boundaries to violate this order may result in federal imprisonment
(18U.S.C. 2262).
Federal law provides penalties for possessing, transporting shipping, or receiving any firearm
or ammunition (18 U.S.C. 922(g)(8)).
Only the court can change this order.
On the basis of the complaint or affidavit(s) submitted to the court at the time of the defendant's
appearance, the court finds there is probable cause to believe that a violation of

the presence of the defendant in the alleged victim's residence poses a threat to the safety of the
alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate
family.
If checked, the court finds the defendant and protected party meet the definition of intimate
partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited with the person").
IF CHECKED, the court must check box 6, prohibiting the defendant from possessing
firearms.
Therefore, the court orders as follows:
1. Defendant shall not communicate with the protected party in person or through any means
including third persons. This restriction shall not prohibit communication through legal counsel.
2. Defendant shall not be in the immediate vicinity of the residence or place of employment of the
protected party. Defendant shall stay away from the protected party and shall not be in that party's
presence except in a courtroom during court hearings.
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
members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to
use physical force against the protected party that would reasonably be expected to cause bodily
injury.
4. If checked, defendant may enter the shared residence once in the company of a peace
officer to retrieve defendant's clothing and work-related items. Defendant shall turn over to the
law enforcement agency all devices that allow access or entry to the residence or outbuildings (for
example, keys or garage openers). The law enforcement agency shall contact the protected party to
provide notice of the intent of the defendant to return to the residence and to accommodate the safety
concerns of the protected party.
5. If checked, additional directives:
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E-FILED 2015 JAN 22 10:33 AM SAC - CLERK OF DISTRICT COURT

6. If checked, the defendant shall not possess firearms while this order is in effect as a condition of
release. Defendant shall deliver all firearms to the SAC County Sheriff or (law enforcement agency)
on or before . The defendant is advised that the issuance of this protective order may also affect the
right to possess or acquire a firearm or ammunition under federal law. 18 U.S.C. 922(d)(8), (g)(8).
7. This protective order is in effect immediately. The order may be extended prior to expiration or at
sentencing for five years pursuant to section 664A.5 (modification) or section 664A.8 (extension).
8. A DEFENDANT WHO VIOLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may
occur even if the protected party(ies) consent(s) to prohibited contact. Only the court may release
defendant from restrictions contained in this order.
9. Except as specifically set out herein, this order shall not be construed as an award of personal or
real property to either the defendant or the protected party.
10. Bond is set at $
11. If checked, defendant qualifies for court-appointed counsel, and attorney is appointed.
Defendant was personally served with a copy of this order by the court.
The clerk of court shall provide copies of this order to the protected party, county attorney,
defendant, counsel of record (if any) and the SAC County Sheriff as required by Iowa Code sections
236.5(5) and 664A.4.
The SAC County Sheriff shall serve and return service of this order upon defendant.
NOTICE: If you have a disability and need assistance to participate in court proceedings, please call
the ADA Coordinator at (641) 421-0990.
If you are hearing-impaired, call Relay Iowa TTY at 1-800-735-2942.

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E-FILED 2015 JAN 22 10:33 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012736
Type:

Case Title
STATE OF IOWA VS TAYLOR, JAMES B
NO CONTACT ORDER
So Ordered

Electronically signed on 2015-01-22 10:32:35

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E-FILED 2015 JAN 23 8:59 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 23 10:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 SMCR012736
vs.
JAMES BRIAN TAYLOR ,
Defendant.

ORDER ON INITIAL APPEARANCE

Charges:
01 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE
Mandatory minimum two days in jail and completion of a batterer's education program if convicted.
Upon review of the complaint and accompanying affidavits, the court finds:
The nature of the charge(s) is that it is a:
Simple Misdemeanor. This charge ordinarily carries a penalty of a fine of not less than $65 nor
greater than $625 and up to 30 days in jail, except in special cases where the minimum fine is $NA.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and that one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
MANDATORY SUBSTANCE ABUSE EVALUATION:
You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
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E-FILED 2015 JAN 23 10:47 AM SAC - CLERK OF DISTRICT COURT

YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further court
proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your licens is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the ammount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
Condition of release is to abide by terms of no contact order entered in this matter.
The Defendant enters a plea of not guilty and this matter should be referred to Magistrate Bush for
setting of a trial date.

PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.

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E-FILED 2015 JAN 23 10:47 AM SAC - CLERK OF DISTRICT COURT

IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU
MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM
THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
Defendant
Sac County Sheriff

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E-FILED 2015 JAN 23 10:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012736
Type:

Case Title
STATE OF IOWA VS TAYLOR, JAMES B
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2015-01-23 10:47:18

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E-FILED 2015 JAN 27 9:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 27 9:48 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Magistrate Division
THE STATE OF IOWA,
PLAINTIFF
VS.
JAMES BRIAN TAYLOR
DEFENDANT

)
) NO: SMCR012736
)
) APPEARANCE &
) PLEA OF NOT GUILTY
)
)

________________________________________________
COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant, pleads not guilty and
waives speedy trial herein.
Respectfully Submitted,
/S/ Charles A. Schulte AT0007137
SCHULTE LAW FIRM, L C
421 Main St. PO Box 392
Sac City, IA 50583
(712) 662-4715

Original filed
Copy to: County Attorney

E-FILED 2015 JAN 27 4:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff(s),

Case No: 02811 SMCR012736

vs

Order Setting Trial

JAMES BRIAN TAYLOR ,

Defendant(s).

01 - 708.2A(2)(a) - DOMESTIC ABUSE ASSAULT- 1ST OFFENSE

The defendant has entered a plea of not guilty.
Non Jury Trial is scheduled on 02/23/2015 at 10:00 AM at the Sac Co. Courthouse, 100 NW State
St., Sac City, Iowa.
NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirts
with inappropriate printing or clothing that is overly dirty or ragged.

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E-FILED 2015 JAN 27 4:07 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
SMCR012736
Type:

Case Title
STATE OF IOWA VS TAYLOR, JAMES B
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-01-27 16:07:08

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E-FILED 2015 JAN 30 12:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

(Magistrate Division)
STATE OF IOWA,

No. SMCR012736

Plaintiff,
ORDER GRANTING DISMISSAL
v.

(RULE 2.33)

JAMES BRIAN TAYLOR,

Defendant.
This matter came before the Court on the States request for the complaint to
be dismissed pursuant to Rule 2.33. The State appeared by Sac County Attorney
Ben Smith. Defendant appeared by his attorney, Chuck Schulte.
The Court, upon reviewing the record, including the parties agreement that
this matter be dismissed with costs to Defendant, and being advised in the
premises, FINDS the State informed the Court that the alleged victim asked the
State multiple times to dismiss this case and, therefore, the interests of justice
and judicial economy would best be served by dismissing this case.
IT IS THEREFORE ORDERED that the complaint shall be and is dismissed
with $60.00 court costs to Defendant. The Defendant is HEREBY NOTIFIED that
the amount becomes past due if not paid within thirty (30) days of this Order.

E-FILED 2015 JAN 30 12:24 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
SMCR012736

Case Title
STATE OF IOWA VS TAYLOR, JAMES B
So Ordered

Electronically signed on 2015-01-30 12:24:48

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