Iowa Domestic Violence Laws

Abusive crimes take a toll on the victims and those who support them. Under Iowa laws, domestic violence is defined as domestic abuse occurring between people sharing certain close relationships. It can destroy families and ruin lives. Iowa tries to help victims by offering them protection from their abusers.

Figuring out the laws around domestic violence offenses is often confusing and frustrating. In this article, we’ll explain the requirements for domestic violence classification in the state of Iowa, list the available protections and penalties, and show you how to navigate the judicial system.

Domestic Violence in Iowa

Understanding what sets domestic violence crimes apart from other offenses helps in recognizing them as early as possible. Two elements are required for a domestic violence crime to occur. One involves the criminal acts committed, while the other is focused on the relationship between abuser and victim.

Domestic abuse offenses are all about power and control. Abusers seek dominance over their victims by limiting their freedoms and causing them to live in fear. This vicious cycle of intimidation, violence, and abuse can cause victims to feel hopeless about ever escaping.

There are many different types of domestic violence utilized by abusers. While it’s common to picture physical violence as domestic abuse, the truth is that other types play a part as well. These include emotional abuse, coercion, false imprisonment, and more.

The crimes Iowa considers eligible for domestic violence classification focus on domestic assault:

• An act intended to cause pain, injury, or unwanted physical contact the abuser appears capable of committing
• An act intended to place a victim in fear of immediate painful, injurious, insulting, or offensive physical contact the abuser appears capable of committing
• Threatening a victim with any dangerous weapon
• Aiming any firearm toward a victim in a threatening manner
• Aiming a laser emitting a visible light beam at a victim with the intent to cause pain or injury

Iowa‘s definition of assault offers a broad spectrum of abuse crimes with domestic violence potential. It’s important to note that threatening abuse is a criminal act, whether or not the abuser follows through. Whether it qualifies as domestic abuse will depend on the people involved.

The second required element of a domestic violence offense depends on the relationship between the participants. Under Iowa law, the crime(s) have to occur between family members, household members, or intimate partners for domestic abuse classification.

The qualifying relationships are:

• Spouses
• Former spouses who no longer live together
• Separated spouses
• Family by consanguinity (blood relatives) residing together
• Family by marriage affinity (in-laws) residing together
• Family or household members who resided together during the past year
• People with a child in common
• People in an intimate relationship or who were in an intimate relationship during the past year (based on duration, frequency, and romantic or sexual involvement)
• Parents
• Unmarried persons who are cohabitating or have cohabitated within the past year

If people sharing one of the above relationships have a qualifying criminal act occur between them, it’s domestic violence under Iowa law. Two strangers can’t have a domestic violence offense together, but any crime is still a crime and prosecutable. Assaulting someone can get you arrested, whether they’re an intimate partner or not.

Potential Penalties

Domestic assault charges in Iowa require a minimum of two days in jail for any conviction. Penalties increase based on the severity of the offense and the offender’s criminal history.

Repeat Offenses

Iowa enhances penalties for repeat domestic violence offenders, regardless of whether previous offenses involved the same victim:

• Second offense (both simple misdemeanors) = Serious misdemeanor
• Second offense (either is a serious misdemeanor) = Aggravated misdemeanor
• Second offense (first was Class D felony, second is aggravated misdemeanor) = Class D felony
• Third or any later offense = Class D felony

Protective Orders and Other Aid

Keeping an abuser away from their victim is of paramount importance. This is easier said than done. Iowa offers potential relief through domestic violence protective orders (DVPO). These civil court orders are often called “no-contact orders“ after a provision that’s a common inclusion. Domestic violence protective orders are only available for victims of domestic abuse.

Iowa DVPOs offer protection for victims and penalties for abusers who violate the order. They’re not a perfect shield, but DVPOs are an effective deterrent. Each DVPO is shaped by the situation surrounding the domestic abuse.

While there’s no set of one-size-fits-all provisions, Iowa law suggests the following:

• Ordering the defendant (abuser) to refrain from inflicting any more domestic abuse on the petitioner (victim)
• Ordering the defendant to have no contact with the petitioner
• Ordering the defendant to surrender all firearms, ammunition, and other deadly weapons
• Ordering the defendant to vacate any residence shared with the petitioner and not return
• Ordering the defendant to stay away from the petitioner’s residence, workplace, or school
• Awarding custody of minor children to the petitioner
• Setting child visitation parameters for the defendant
• Ordering the defendant to pay child support, spousal support, or anything else so decreed
• Awarding possession of any shared family pets to the petitioner

Your protective order may contain some, all, or none of these provisions. The court can add anything it considers necessary for the victim’s safety. No-contact orders are available for both civil and criminal cases.

The three different types of domestic abuse protective orders in Iowa are based on duration and proof. An emergency domestic violence protection order is issued when the courts are closed. They’re often requested by law enforcement after a domestic violence arrest. Emergency DVPOs last for 72 hours.

Whether or not you’ve gotten an emergency DVPO, you’ll need to petition to district court. While exceptions are possible to file in person, the requirement is for DVPO petitions to be e-filed. The Iowa Judicial Branch supplies a step-by-step guide. If you need help, speak with a domestic violence advocate or an Iowa domestic violence attorney.

You (the petitioner) will have to recount the abuse you suffered in your filing. Make sure you include the time of the assault and as many details as possible. It won’t be easy, but the more information you can supply, the better your case will be.

The court clerk will send your petition to a judge, who may ask you questions. If the court agrees that there’s a threat of abuse present, a temporary ex parte domestic violence protective order is issued with conditions tailored to your situation. Ex parte means that it’s decided without speaking to the abuser (defendant) first.

Law enforcement will serve the order to the defendant. The temporary order is in effect for 15 days or until a full hearing takes place, whichever comes first. If the offender opposes the DVPO, the court hearing decides if you’ll get a permanent domestic violence protective order.

The petitioner must prove there was domestic abuse and that the threat remains. Both sides can present evidence, call witnesses to testify, and tell their version of what happened. If the court agrees with the petitioner, the temporary DVPO becomes a permanent DVPO. The court can add or amend provisions for the permanent order. The permanent DVPO lasts for up to a year and is renewable.

Under federal law, any DVPO issued in Iowa is legal anywhere in the U.S. Iowa law also supports orders from other states.

If your abuser violates or threatens to violate a DVPO, call 911. Law enforcement is authorized to arrest a defendant for any violation of a DVPO. Violation of a domestic violence protective order is charged as either contempt of court or a simple misdemeanor, which may include a mandatory jail time of at least seven days.

The defendant also faces charges for the crimes committed during the violation. Violations may allow a DVPO extension of up to five years.

Iowa has protection orders for other abusive situations as well. Read FindLaw’s Iowa Protective Orders Laws article to learn more.

The last thing a victim who’s fled from an abuser wants is to be found again. Iowa‘s Safe at Home Program helps preserve address confidentiality. Participants are given a second legal mailing address to use for public records, such as driver’s licenses and voter registrations. First-class mail is forwarded to the victim’s actual address. There’s no charge for this program.

Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Building a Safety Plan (NDVH)
• Domestic Violence FAQ
• Iowa Coalition Against Domestic Violence
• Iowa Court Directory

Get Help From an Attorney

If your abuser has ignored your restraining order and threatened you with serious injury or any other kind of domestic violence, call 911. If you’re looking for a way to end the cycle of abuse, speak to an Iowa domestic violence attorney. Their legal advice can help you find a better life.

If you’re facing a domestic violence charge, contact an experienced Iowa criminal defense attorney as soon as possible. They’ll review the claims of the alleged victim, explain your options, and stand with you in court.