State of Iowa v. Donna Jean Holman, 15-1375

In 2007 Holman was convicted of third-degree harassment and disorderly conduct for actions at an Iowa City Planned Parenthood; court imposed two suspended 30-day jail terms, one year probation, and a no-contact order preventing Holman from being within 25 feet of the clinic for five years.
Probation was revoked in 2008 for noncompliance; Holman served 30 days in jail.
In November 2011 the State moved to extend the no-contact order five more years; the court granted the extension the same day without a noticed hearing and entered a form finding Holman had been given notice and opportunity to be heard.
Holman moved in 2014 to correct or vacate the 2011 extension, arguing the extension without notice violated due process and contending she no longer posed a threat.
The district court initially denied relief but, after Holman relied on court precedent and the parties agreed to submit affidavits rather than hold live testimony, the court reconsidered and in July 2015 denied Holman’s motion to vacate, finding she still posed a threat.
Holman appealed, arguing denial of the right to be heard at the 2011 extension and challenging the sufficiency of evidence that she remained a threat; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Holman was entitled to notice and an opportunity to be heard before the 2011 extension of the no-contact order	State: statute governing extensions requires no pre-extension hearing; extension procedurally proper	Holman: 2011 extension occurred without notice or hearing and violated due process	Court: any procedural defect was cured by the 2015 reconsideration/hearing opportunity; no reversible error
Whether Holman proved by a preponderance she no longer posed a threat so the no-contact order should be vacated	State: affidavits and record show Holman continued to intend and engage in harassing protest behavior	Holman: she is exercising First Amendment protest rights and no longer poses a threat	Court: Holman failed to meet burden; affidavits indicated intent to continue behavior; denial of motion affirmed

State v. Young, 863 N.W.2d 249 (Iowa 2015) (standard of review for constitutional due-process claims)
State v. Hammock, 778 N.W.2d 209 (Iowa Ct. App. 2009) (statutory interpretation and sufficiency claims reviewed for correction of errors at law)
State v. Wiederien, 709 N.W.2d 538 (Iowa 2006) (standards for modifying or terminating no-contact orders rely on injunction principles)
Simmermaker v. Int’l Harvester Co., 298 N.W. 911 (Iowa 1941) (burden on party moving to dissolve temporary restraining order)
State v. LeFlore, 308 N.W.2d 39 (Iowa 1981) (party generally bound by actions of defense counsel)