No-Contact Charges Dismissed Against Bachelder

When your school board votes, Decorah News is there to report. Chip in to keep your voice in the room. DECORAH — A charge alleging that Kelly Jon Bachelder violated a no-contact order by viewing a social media account has been dismissed, according to a court order filed Feb. 2 in Winneshiek County District Court. Bachelder, 49, of Decorah, had been charged with contempt for allegedly accessing the social media account of the adult sister of individuals protected under a prior no-contact order. Judge Norman C. Moonen granted Bachelder's motion to dismiss after finding the complaint did not meet the legal threshold required for a contempt conviction. In the written order, the court noted that Iowa law defines a no-contact order as prohibiting contact with an alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate family. While the statute also prohibits harassment of family members, the court found no evidence or charge of harassment as defined under Iowa Code 708.7. The court further determined that the no-contact order at issue did not clearly or specifically prohibit access to social media. Iowa case law requires that an order be "clear, definite and unambiguous" to support a contempt finding. The ruling also turned on the legal definition of "immediate family." The court found that both the Iowa Code and Iowa Administrative Code define immediate family as individuals living under the same roof. "As such," the order states, "the Court finds that they are not 'immediate family,'" and the complaint was dismissed. Bachelder remains subject to other court orders and conditions stemming from separate criminal cases.