The Lowdown on Iowa’s Domestic Violence Laws

What You Need to Know About Iowa’s Domestic Violence Laws

Iowa’s domestic violence laws aim to prevent and address incidents of abuse and violence within the family unit. "Domestic violence" is closely associated with, but separate from, terms like "child abuse," "domestic abuse" or "spousal abuse," and "elder abuse." To marry is not a license to act violently and it is not license for actions legally considered domestic violence.
It is important to know domestic violence laws protect against not just physical violence or threats of physical violence, but also sexual violence, false imprisonment, harassment and stalking. Domestic violence in Iowa takes the following forms and there is no requirement that you face physical violence in order to claim the protections domestic violence entails.
Domestic abuse: Spouse or Child under the Age of 18
Sexual assault
False imprisonment
Harassment
Spousal or Child under the age of 18 stalking
Threats of force or violence
Restraining orders
Emergency protective orders
Replevin
No contact orders
Iowa law protects persons who are or were married , divorce or separated. Iowa law also protects persons who have been together in an intimate relationship and though there may be no previous relationship between the parties, if the parties have a child together, they are entitled to protections provided by Iowa law. In a case where a family has a child together, even if they were never married, Iowa law can and will provide protections as it relates to the child. If there is no child and no relationship between the parties, it may still be proper to file for protective or restraining orders. Whether or not such a request is well taken depends on the facts and circumstances of the situation.
Domestic abuse protection orders are available to those who have been victims of certain offenses such as:
Any threat to commit any of those offenses is also an act of domestic abuse and is similarly protected by the prevention laws.
Victims of domestic abuse in Iowa are provided with many options authorized or approved by Iowa Code Chapter 236A or other applicable law. These laws are enforceable in a court of law as well as through The Iowa Department of Corrections, The Iowa Department of Public Safety and The County Attorney for each county in the State of Iowa.

Categories of Domestic Violence Under Iowa Law

According to Iowa law, domestic violence can take on many different forms. The types of domestic abuse recognized by Iowa law include, but are not limited to, physical abuse, emotional abuse and stalking. Each form of domestic abuse is taken very seriously by Iowa law enforcement, and each form of abuse has its own legal implications — including criminal charges and orders for protection.
Physical abuse describes the non-accidental infliction of physical injury or pain on one intimate partner by the other. Iowa law very clearly defines instances in which physical abuse may be considered domestic violence. If the alleged abuser is a spouse, ex-spouse, co-parent or ex-co-parent of the victim (or any other person who shares a family-like relationship with the victim), he or she may be subject to civil and/or criminal penalties under Iowa law.
Physical abuse can include hitting, kicking, shoving, beating, biting and the use of a weapon. It can also include forms of physical abuse that might not leave visible marks on the skin, including psychological abuse that results in bodily injury, assault or sexual abuse resulting in trauma, prison or death.
Emotional abuse that constitutes domestic violence is referred to as "domestic abuse assault" in the state of Iowa. Under Iowa law, a person may be charged with domestic abuse assault if he or she exhibits an intentional and willful manner of causing fear of physical harm or inflict a class "D" felony, aggravated misdemeanor or serious misdemeanor.
Emotional abuse can take on many different forms. In some cases, emotional abuse is an example of any type of verbal or psychological abuse. In other cases, examples of emotional abuse qualifying as domestic abuse may include: As with physical abuse, many times the effects of emotional abuse are not immediately evident.
The state of Iowa takes instances of stalking very seriously and oftentimes charges offenders with harassment. Harassment can take on many different forms, but stalking is typically defined as a credible threat of serious injury or death to an individual, coupled with a perceived intent to carry out that threat.
Stalking can take on many forms, including: Victims of stalking may be able to bring criminal cases against their stalkers in order to prevent further intimidation or harm.

Domestic Violence Protections Provided Under Iowa Law

The Iowa legislature has provided numerous avenues through which persons may try to protect themselves from domestic violence. There are two categories of protection available: restraining orders and protective orders.
Iowa statute, chapter 236, deals with restraining orders which are available in the event of domestic abuse. Any person may apply for such an order, regardless of whether he or she is married to the person or persons from whom protection is being sought. The only qualification is that the applicant and the person from whom protection is being sought must have a relationship which fits within one of the categories defined by Iowa law, including:
Hearing – A temporary restraining order can be issued immediately, but a hearing shall also be held, usually within 14 days, during which both parties may appear before the Court. In fact, at the time of the hearing, the temporary restraining order may be set aside if there is no evidence of domestic abuse.
Legally Mandated Relief – Depending on the degree of danger perceived by the court, the relief issued by a restraining order may be very limited and may even order the restrained party to remain in the home. However, it may also be a full no contact order, designed to keep restraining order defendant away from the applicant. It may order that the restrained party move out of the home. In cases of physical violence it can order the restrained party to vacate the home and may also assist with the payment of any ongoing mortgage or rent payment in addition to ordering alimony/maintenance.
Access to Children – In cases of domestic abuse, the Court may order that parents share the care and control of their children. The Court can specifically order that the abuser be granted visitation with the children, providing that the visitation occurs in the presence of a neutral third party in a public space. Alternatively, the Court may order that custody of the child be removed from the parent that committed the domestic abuse and award custody to the other parent with or without visitation.
Consumer Credit Rights – The Court shall enter an order restraining the person from contacting any past due creditor and may allow the victim to pay expenses late without penalty or interest. The Court can further order creditors to cooperate with the victim.
Protective orders are available through chapter 232 of the Iowa Code, where persons may apply for protection against harassment, including sexual harassment. The protections available through this chapter are similar to those available under the domestic prevention of abuse chapter, although not identical. Those protections include:
Filing – The petition may be filed in the juvenile court in the county where the harassment occurred or that where the victim resides.
Hearing – A temporary restraining order can be issued immediately, but a hearing shall also be held, usually within 14 days, during which both parties must appear before the Court. In fact, at the time of the hearing, the temporary restraining order may be set aside if there is no evidence of harassment.

Criminal Penalties for Domestic Violence

Those convicted of committing a domestic violence offense can face stiff legal penalties such as jail time, fines, probation, and treatment programs. Offenses involving spousal abuse may also result in the termination of parental rights or loss of custody of children.
Misdemeanor Charges
First offense simple domestic abuse assault is a serious misdemeanor. For a simple misdemeanor charge, the penalties can include up to one year in jail and fines of $65 to $625. The court or magistrate may also issue an order for counseling requirements and a no-contact order with the victim. When an officer arrives at a domestic assault scene, they may determine at the scene that assault has occurred. If they reach this conclusion, the aggressor could face both criminal and civil consequences. Even if you are not charged with a crime, the officer may serve you with a no-contact order with your victim. It will be difficult to get a new job, rental home, firearm, or even have custody/visitation with children if the courts have imposed a no-contact order.
Felony Charges
Second offense domestic violence assault is a Class D felony in which the person can be imprisoned for not more than five years and fined at least $750 but not more than $7,500. Third offense simple domestic abuse assault is a class "D" felony as well. The individual can be imprisoned for no more than 5 years with at least two years mandatory term in prison. There are additional charges for causing bodily injury or serious injury or aggravated assault with an intent to inflict serious injury that is aggravated misdemeanor. Individuals who inflict bodily injury on another can be fined between $500 and $5,000. Those found guilty of seriously injuring another can be fined between $750 and $7,500.

Iowa Resources for Victims of Domestic Violence

Numerous organizations can provide guidance and assistance to those who are seeking protection from domestic violence in Iowa. Citizens may call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit the National Domestic Violence hotline website to learn more about their rights and obtain guidance on how to get help.
The Iowa Coalition Against Domestic Violence (ICADV) offers a great resource for Iowans from all over the state who are seeking legal assistance and guidance in dealing with domestic violence. Their website contains useful information to guide individuals through the process of dealing with domestic violence and use the court system to answer their needs.
The United States Department of Justice is a resource for individuals and groups. The Department has a webpage dedicated to issues regarding domestic violence and a wide array of supporting materials , data (including funding opportunities) and even podcasts.
The Iowa Department of Human Resources has a Domestic Violence Initiative, which brings together various stakeholders and community action groups in Iowa. They work together to prevent domestic violence and make sure it is dealt with fairly and efficiently when it occurs.
The Family Resource Center is an important program that works within the Iowa Department of Human Services to assist families in getting assistance through their local Community Action Agency. Programs can be implemented for individuals and families who can receive different forms of support, including related to domestic violence.
The Iowa State Bar Association is the primary professional organization for all the attorneys working in the state. In addition to helping guide lawyers, they also maintain a variety of resources for consumers, including a listing of legal aid organizations in Iowa.

New Developments in Iowa Domestic Violence Laws

Over the past few years, there have been several important updates to Iowa’s domestic violence statutes. Understanding these changes is important because they affect both the way that domestic violence is charged and how domestic violence-related offenses are prosecuted.
2015 Changes
Acts of harassment have been lumped into the scope of domestic abuse. A "harassment" charge now incorporates stalking: knowingly pursuing another by repeated acts of any of the following: 1) following or monitoring, either in person or by any electronic means, the person within the state or outside the state; 2) making repeated communications to the person either in person or by any electronic means; 3) entering onto or developing a pattern of visiting, either in person or by any electronic means, the person’s residence, workplace, or school within the state or outside the state; 4) trespassing upon the real property of the person at any time, either in person or by an electronic means, with intent to make contact with the person; 5) causing injury or mental suffering to the person, including by the intentional killing of pets or livestock; or 6) intentionally engaging in conduct that causes the person reasonable apprehension of bodily injury or serious injury to a pet or livestock.
2016 Signs
An individual can now be sentenced to 2 years in prison for acting with the intent to cause bodily injury to another in committing an assault that results in a psychiatric diagnosis of a disorder. In addition, if the person who commits the assault is related to the victim by blood or marries the victim, the person may be ordered to participate in court-ordered treatment.
2018 Revisions
People who violate domestic abuse no-contact orders for the second time will have mandatory minimum sentences ranging from seven days to 30 days in the county jail.
Clarification of an existing Iowa law, Chapter 710A, allows courts to order pre-trial release services for a defendant charged under Iowa Code Chapter 708.2A relating to domestic abuse assault with intent to cause bodily injury or serious injury under.
The Iowa Legislature has also defined "serious injury" relating to domestic violence offenses. Serious injury means "any injury which is life-threatening, perils permanent disfigurement, perils protracted loss, impairment, or dysfunction of any bodily member or organ, or perils physical, mental, or emotional injury or dysfunction."
Iowa has also created a presumption against bail for people who are charged with violating a no-contact order. Courts may grant bail if "establishment of conditions of release to protect the person in need of protection is not adequate to prevent the person’s continued commission of the offense or the person’s relapse into domestic abuse, or the safety of others will be jeopardized."

When to Seek Legal Counsel for Domestic Violence Matters

If you decide you want to pursue legal action, whether for a protective order or divorce, our first advice to you is to get an attorney that works exclusively with family law and has years of experience. While they do not have to be certified in domestic violence, you should probably look for someone who is. Certification is not something that is able to be had easily, so it is a good sign that your lawyer will know their stuff. You can get a list of family lawyers in Cedar Rapids, Iowa City or elsewhere by: Another option for someone looking for a divorce or related action that involves domestic violence is a non-profit law firm. These are law firms where lawyers work at reduced rates or no fee at all for those who cannot otherwise afford attorneys. They check income and financial information and then take your case for little to no charge. Another option for low cost assistance is Iowa Legal Aid. If you have little or no income, they may be able to help you. Once you’ve met with an attorney if you decide to pursue your case, they will help you draft the Petition or Complaint (either way, we will call it a Petition in this article). The Petition gets filed with the Court and alleges what you want from the Court. Each state has its own laws that govern a Petition in a family law case where domestic violence is an issue , so you cannot simply Google what to include in a Petition. You need to talk to a lawyer. Once the Petition gets filed, the matter is often scheduled for a conference where the Court will decide if there is an issue that needs to be resolved right away, like joint legal custody for minor children, or a temporary restraining order. Your lawyer will go over all of this with you, but you cannot move forward with any action until you get rid of the threat of domestic violence. If you believe you cannot afford an attorney, there is a chance you can get an attorney to agree to do some or all of your work on a more forgiving fee schedule or on a delayed payment plan. You will have to incur some expense to speak to an attorney about the case, but they will let you know upfront if they think they can assist you for low cost or no cost. Attorney fees for a domestic violence case can be incredibly high or incredibly low, depending on the complexity of the case. For example, if there is a high conflict child custody case, a lawyer might have to do a lot of work to help you get the proper orders. If there is no dispute over custody or visitation, they may do very little work appointing. A lawyer again should discuss with you the breakdown of fees in a domestic violence case and what exactly you need help with from them.