Iowa Protective Orders Laws

Crimes of abuse can leave their victims feeling both hopeless and helpless. Iowa has protective orders in place to help victims of domestic violence, sexual abuse, and elder abuse. While not foolproof, these restraining orders are designed to give victims relief by keeping their abusers away.

Knowing which order fits your situation is the first step towards a life without abuse. This guide will identify the protective orders available in Iowa, explain what each one does, and show you how to navigate the legal system to get one. Read on for a better grasp of protective orders in Iowa.

Iowa Protective Orders Laws: Types of Orders Available

Protective orders in Iowa share the same basic structure and purpose. Most have provisions tailored for each specific case. The type also dictates who is eligible to apply (petition) for the order. A review of each court order will help determine which protective order is best suited for your situation.

Domestic Violence Protective Orders

Domestic violence offenses involve certain abusive acts committed between people sharing specific familial or intimate relationships. They focus on, but are not limited to, physical abuse and the threat of physical abuse. It’s a complex subject, but you can find a detailed primer in FindLaw’s Iowa Domestic Violence Laws article. It includes a detailed look at Iowa‘s domestic violence protective orders.

As with most civic court protective orders, the goal of a domestic violence protection order (DVPO) is to separate the victim (petitioner) from the abuser (defendant). DVPOs focus on provisions that tell the defendant what they can and can’t do. While not quite the same as a no-contact order, DVPOs can contain a condition that forbids the defendant from contacting the petitioner.

The court has the right to add any condition it considers necessary for a DVPO. Provisions for protecting the safety of the petitioner can include:

• Ceasing all abuse by the defendant
• Forbidding the defendant from possessing firearms, ammunition, or other deadly weapons
• Ordering the defendant to vacate a shared dwelling and not return
• Awarding of a temporary custody order or support for a minor child to the petitioner
• Granting possession of shared family pets to the petitioner
• Forbidding the defendant from contacting the petitioner

This is not an exhaustive list. An Iowa DVPO may contain some of these conditions or a completely different set. It will depend on the situation.

No-Contact Protective Orders

Unlike other Iowa protective orders, no-contact protective orders are issued in criminal court. They often follow an arrest or precede an abuser’s release from incarceration. They go into effect once the abuser leaves prison or jail. No-contact clauses are a regular inclusion in civil court protection orders.

Sexual Abuse Protection Orders

Sexual abuse protective orders offer a narrower criminal act focus than domestic violence. A victim of any kind of sexual abuse or sexual assault can petition for a sexual abuse protective order. Adults and guardians can petition for a minor child suffering sexual abuse.

Sexual abuse protective orders have the same latitude for including provisions that DVPOs do. Two conditions are somewhat standard in sexual assault protective orders:

• The defendant must cease all sexual abuse of the victim
• The defendant must stay away from the victim’s residence, school, workplace, and any other place named in the order

An abuser arrested for a sexual assault crime may have a no-contact order issued by the criminal court. If not, the sexual abuse protective order can include a no-contact provision.

Elder Abuse Protective Order

Those over the age of 60 years old who are unable to protect themselves from elder abuse are eligible for an elder abuse protective order. They can file for one themselves or have a substitute petitioner do it for them. A substitute petitioner is one of the following:

• Family members
• Household members
• Attorney in fact
• Conservators
• Guardians
• Guardians ad litem for a vulnerable elder
• Household members
• Other qualified interested persons

If the abuser is under 17 years old, the case is moved to juvenile court. Otherwise, the petition is filed like any other civil protection order. Vulnerable elders can file if they’re suffering any of these abuses:

• Financial abuse or exploitation
• Assault or unwanted physical contact
• Any physical injuries
• Unreasonable confinement
• Unreasonable punishment
• Any sexual offense
• Neglect by deprivation of food, shelter, clothing, physical or mental health care, or supervision

Relief is offered through many of the same provisions as the other civil orders. The elder abuse protective order can stop the defendant from having control of the elder’s finances. It cannot give control to anyone but the elder.

Iowa Protective Orders Law: How To Get an Order

The civil protection orders – domestic violence, sexual abuse, and elder abuse – use similar rules for issuance. All three are eligible for an emergency ex parte protective order. Emergency orders are used most often when the courts are closed, but can also result from law enforcement responding to an abuse call.

A judge is reached and, if the threat of immediate abuse exists, will issue an emergency order. This order is very temporary, lasting only 72 hours. It’s issued ex parte, which means the court doesn’t speak with the defendant before issuance. Either before or soon after it expires, the petitioner needs to file for their protective order of choice with the district court.

Unless you get permission to deliver it in person to a county courthouse, all protective order petitions are filed through Iowa‘s eFile system. Iowa offers a step-by-step process, but don’t be afraid to ask for help if you need it. Make sure to give as many details as possible when describing the abuse you’ve suffered.

After you’ve filed, a clerk of court will take the petition to a judge. They may call you to ask for more information or clarification. If the court agrees that abuse occurred or is a threat to occur in the future, a temporary ex parte protection order is issued. As with the emergency order, the defendant isn’t consulted before issuance.

Law enforcement serves the order to the defendant. A full hearing date is scheduled between five and 15 days after the service, unless the defendant chooses not to oppose the order. If that’s the case, your temporary order will likely become a final protective order. Otherwise, you’ll have a full court hearing.

At the hearing, the petitioner must prove that abuse has occurred or is in imminent danger of happening again. Both sides can make their arguments, call witnesses, and present evidence. If the court agrees with the petitioner, the temporary protective order becomes permanent. Unlimited extensions are available if a hearing proves the threat still exists.

Permanent protective orders in Iowa last up to one year. A protected party may request an extension, and the court may extend it for another year if a hearing proves that the threat still exists. The law does not limit the number of one-year extensions. Under federal law, any protective order issued in Iowa is good anywhere on American soil. Iowa also supports out-of-state orders at the state level.

Iowa does not offer an extreme risk protective order (ERPO). This order would allow law enforcement and family members to temporarily separate someone deemed a threat to themselves and others from access to firearms.

Iowa Protective Orders Laws: Violations and Penalties

For a protective order to be effective, the abuser needs to fear the penalties for violations. If your abuser violates or threatens to violate a protective order, call law enforcement. Police are trained to arrest abusers who violate protective orders. Even if they don’t catch them, they can get a bench warrant issued.

Even a minor violation can mean jail time. A violation of a criminal no-contact order is a contempt of court charge that carries a minimum of seven days in jail. The court can also choose to extend the no-contact order by up to five years after a violation.

Violating one of the civil protection orders is either contempt of court or a simple misdemeanor. The misdemeanor penalties are up to 30 days in jail and a fine of between $105 and $855. Other punishments include mandatory batterers’ treatment programs, restitution for court and attorneys’ fees, and enhancements for crimes committed during the violation.

Iowa Protective Orders Laws: Review

Iowa protective orders are useful tools for fighting abuse, but there’s a lot to know. We’ve gathered important information and links in the table below for easy review.

Note: Iowa laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Please consult an Iowa domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.

Iowa Protective Orders Laws: Additional Sources

• Iowa Court Forms
• Iowa Court Directory
• Iowa Protective, No Contact, and Restraining Orders – Iowa Judicial Branch
• Domestic Violence: Protective Orders and Restraining Orders
• Iowa Domestic Violence Laws
• National Domestic Violence Hotline (1.800.799.7233)
• Victim Service Programs – ICADV

Confused About Iowa Protective Orders Laws? Get Help From an Attorney

If you need orders of protection, chances are you’re in a dangerous situation. Call 911 if you’re in immediate danger. After that, speak with an Iowa family law attorney. Their legal advice can help secure temporary custody, child support, and provide a path to an abuse-free life.

If you’re facing criminal charges for violating domestic abuse protective orders, sexual abuse protective orders, elder abuse protective orders, or a no-contact order, talk to an Iowa domestic violence attorney. They can handle your criminal case, fight for visitation rights, and stand with you in court.