Iowa Family Law on Domestic Violence

Abuse can happen anywhere, even at home. Domestic violence crimes, also known as domestic abuse, involve people sharing close personal relationships. These offenses can destroy marriages and tear families apart. Iowa has laws in place to protect victims and keep their abusers away from them.

There’s a lot to know about domestic abuse under Iowa family law. This article supplies answers to some of the most commonly asked questions about domestic violence. Read on for a deeper understanding of how domestic abuse is handled by family law in the state of Iowa.

What Is Domestic Abuse? Is It the Same as Domestic Violence?

While the terms are often used as both sides of the same coin, Iowa goes with domestic abuse for legal and government matters. Advocacy groups tend towards the term domestic violence.

Under Iowa family law, domestic abuse is when assault is committed between family members, household members, or people in or who were in an intimate relationship. Assault is any of the following:

• An act intended to cause pain, injury, or unwanted physical contact 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

Assault between strangers is a crime, but it’s not domestic abuse under Iowa family law. A close, personal relationship is necessary. The people considered eligible for domestic abuse offenses are:

• Spouses
• Separated spouses and former spouses who no longer live together
• Parents
• Family by consanguinity (blood relatives) residing together
• Family by marriage affinity (in-laws by blood, like a spouse’s sibling) residing together
• Family or household members who resided together during the previous 12 months
• People with a child in common
• People in an intimate relationship or who were in an intimate relationship during the previous 12 months (based on duration, frequency, and romantic or sexual involvement)
• People cohabitating

If people sharing one of these relationships have some form of assault occur between them, Iowa considers it domestic abuse. Other types of domestic violence don’t fit Iowa‘s definition.

Does That Definition State That Threatening Someone Is Domestic Abuse?

Putting someone in fear of physical violence is indeed a type of domestic abuse. Actual physical assault is also domestic violence, but committing the threatened act isn’t required. Abusers seek power and control over their victims. Using intimidation, fear of bodily injury, or threats of pain allows them to dominate a victim’s life.

Physical abuse remains the most recognizable part of domestic abuse, but it’s not the only type used. Emotional abuse, psychological abuse, and other types as well are part of an abuser’s repertoire.

Is There a Difference Between Assault and Domestic Abuse Assault?

As the name states, domestic abuse assault is a type of domestic abuse. The participants must consist of family members, household members, or intimate partners. Having a domestic abuse classification means penalties are more severe than those for assault offenses. This is often reflected when there are repeated assaults involved.

For example, simple assault is a simple misdemeanor. A first occurrence of simple domestic abuse assault is also a simple misdemeanor. A second simple domestic abuse assault becomes a serious misdemeanor, while simple assault remains the same penalty. Enhancements increase with the severity of the offense.

What’s the Best Way To Get Away From an Abuser?

There’s no universal plan that works for every case of domestic abuse. Each situation has variables that make it unique. If possible, it’s a great idea to speak with a domestic violence advocate in your area. Helping victims of domestic abuse is what they do, and they’re a tremendous resource.

Planning before acting is best if you can do so without harm. Devising a safety plan helps you be ready for the unexpected when you make your move. Having important numbers, account information, and shelter locations at your fingertips when you need them can make all the difference. Advocates can help with your plan as well.

My Abuser Is a Good Liar. How Will the Police Know Who To Blame if I Call?

Iowa law enforcement receives special training for dealing with domestic abuse situations. Even if no evidence of physical assault is present, a peace officer can assess the scene and arrest the abuser if they believe there’s probable cause that domestic abuse has occurred. Any history of domestic abuse is also taken into account.

Peace officers should inform the victim of available services such as shelters, protective orders, and other programs. If medical attention is necessary, the officer will arrange transportation.

If I Get My Abuser Thrown Out of the Apartment, What’s To Stop Them From Coming Back?

Domestic abuse victims have access to court orders that can provide protection and resolve other issues as well. Iowa domestic violence protective orders (DVPO) use provisions tailored to the victim’s needs. DVPOs are backed by strict penalties to make the abuser think twice about trying to abuse the victim again. Forms for application are available online or from a clerk of court.

Iowa DVPOs often contain no-contact orders and stay-away orders. Orders of protection can also include provisions for temporary custody of a minor child, evicting the abuser from a shared residence, and much more. There’s so much to know about these civil protective orders that we’ve devoted an entire article to them. Learn what they can do and how to get one.

My Abuser Isn’t Going To Make This Easy. What Sort of Penalties Does a DVPO Have?

Make sure you report any violation of a DVPO to law enforcement. A DVPO is powerless if the abuser doesn’t believe the victim will alert a peace officer. Violations of DVPOs or any no-contact orders are contempt of court, but can also incur the following penalties in certain situations:

• Simple misdemeanor: A minimum fine of $105 up to a maximum of $855 and up to 30 days in jail
• An extension of up to five years for the duration of a no-contact order
• Violation of a no-contact order: A minimum of seven days in county jail and a possible fine
• Mandatory minimums and penalties enhanced for domestic abuse assault
• Mandatory batterers‘ treatment programs
• Paying attorney’s fees
• Paying court costs

These are in addition to any sentence for the crimes committed during the violation.

I’m Going To Visit Family in Another State. Is My DVPO Still Good There?

All protective orders issued in Iowa are good anywhere in the U.S., its territories, and native reservations under federal law. Most states also honor ‘foreign’ protection orders from other states in their own codes. If you’re going to spend time out of state in the same place, it’s a good idea to give local law enforcement a copy of your DVPO and a picture of your abuser. Keep a copy of your DVPO with you at all times.

I Left My Abuser. What’s To Keep Them From Finding Me Again Through Public Records?

Iowa‘s Safe at Home address confidentiality program was created to handle this situation. Participants are given a second legal mailing address that’s used for all public records, such as voting registration and driver’s licenses. First-class mail is forwarded to the victim’s actual address. There’s no charge for this program.

I’m Divorcing My Abuser. Will Their Domestic Abuse Offenses Affect the Proceedings?

You don’t need grounds for divorce in Iowa, so domestic abuse doesn’t matter for that. However, there are some ways it can help you. If domestic abuse has been part of the marriage, the court won’t consider mandatory mediation to see if the marriage is salvageable.

If the court determines your spouse is a danger, it can take steps to keep you and your children safe. The presence of domestic abuse is enough to allow the court to order your abuser to vacate a shared dwelling and not return.

I Don’t Think My Abuser Should Be Around Our Kids After We Divorce. Will the Courts Agree With Me?

Courts operate by making rulings that prioritize the best interests of the child. In general, this means having both parents involved in the raising and decision-making for their children. When domestic abuse is involved, the court can rule that joint custody is not in the best interests of the child. It can also restrict visitation rights or deny them.

When it comes to something as important as the custody of your children, professional legal assistance is a necessity. An Iowa family law attorney can work toward getting you and your children the best outcome possible.

Iowa Family Law on Domestic Violence: Summary

Nobody should have to deal with domestic abuse. In case you or someone you love does, the table below recaps the information here and adds helpful links. If you want to know more about domestic abuse, FindLaw’s Iowa Domestic Violence Laws article has what you’re looking for.

Iowa Family Law on Domestic Violence: Additional Research

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Domestic Violence Victim Resources
• Iowa Court Directory
• Domestic Violence FAQ
• Filing a Domestic Violence Lawsuit

Dealing With Domestic Abuse Under Iowa Family Law? An Attorney Can Help

Victims of domestic violence can feel alone or helpless. If you’re in danger, call 911. When it’s time to get away from your abuser, talk to an Iowa family law attorney. Their expertise with custody cases, child support, and other legal issues can make a big difference.

If you’re facing domestic abuse charges, you need to find a lawyer at once. An Iowa criminal defense lawyer will examine your case, explain your options, and fight for your future in court.