Domestic Abuse Laws in Iowa: A Basic Outline
Domestic abuse laws in Iowa are designed to offer protection for the most important thing in every other area of our lives, our safety and the safety of those we care about. The idea behind the domestic abuse laws is that if the police can be involved quickly and efficiently before situations become deadly, then we can protect victims and their families from the most heinous consequences of domestic violence. This is the reason domestic violence or domestic abuse is treated very differently legally from other crimes.
Let’s take a look at the basic framework of Iowa’s domestic abuse laws. For starters, the law includes a definition of domestic abuse. The Iowa Code scheme defining domestic abuse is found at Iowa Code 236.2. Under Iowa law, domestic abuse is considered to occur when any of the following happen: When there are injuries and a reasonable doubt that those injuries were caused by what could otherwise be a simple fight between two people who are just trying to deal with a breakup, that is when the police very often intervene and make an arrest. If that is not clear, the police may be asked by the victim or a family member to help the victim leave before things get out of hand. However, if there is a weapon, the police will generally intervene quickly and remove the abuser so that the abuser cannot hurt or kill the victim. Too often, that leaves the victim in a dangerous environment because Iowa law generally does not hold abusers accountable until they actually beat up on somebody or destroy property. Thus, the risk is great and our law enforcement officers have a tough job. In many cases, they have to remove people from homes of victims who are terrified to leave and be away from their children. If this happens in the middle of the night, often the abuser is given time to come back in the morning and finish what they started. These are the reasons why law enforcement, prosecutors, courts, legislators, and advocates spend a lot of time discussing, working on and passing domestic abuse laws that try to meet the challenge of stopping domestic violence. In 2000 alone, the Iowa General Assembly passed the following laws to help protect domestic abuse victims: Iowa law requires that the police, prosecutors, judges, and advocates work together to ensure that victims know their rights and can exercise them effectively. Why? Because chapter 236, which contains Iowa’s domestic abuse laws, has a strong statement of purpose, which begins with the following: Finally, for this overview, I include direct quotes from the Iowa Code regarding the intent of Iowa domestic abuse statutes 1 through 13, because I believe the legislative process is very valuable for understanding what our law makers were thinking about when they passed a law. Specifically, Iowa Code 236.1 provides: 236.1 Legislative intent. The general assembly finds that domestic abuse is not a private matter and should not occur in a free society. The general assembly further finds that satisfactory remedies do not now exist under the laws of this state to protect persons from domestic abuse , either before or after the occurrence of the abuse. The general assembly declares its intent to create judicial and law enforcement procedures to prevent future occurrences of domestic abuse. The general assembly further declares that this chapter shall be liberally construed and applied to promote its purpose to discourage acts of domestic abuse and to protect victims of domestic abuse. Iowa Code 236.2 provides the definitions and then indicates that: 236.2 Definitions. For the purposes of this chapter ___ [domestic abuse is the same as above]. 236.3 Domestic abuse—relief. If the court finds that domestic abuse has occurred, or that domestic abuse is likely to occur, it may enter an appropriate order for relief under this chapter. 236.4 Domestic abuse protection order—injunction. An action under this chapter shall be in lieu of any other remedies at law and shall be the exclusive civil remedy available to the plaintiff. 236.5 Action for relief. The plaintiff or the victims assistance division of the department of justice may file an action for relief under this chapter. 236.6 Waiver of fees. A person shall not be required to pay a filing fee, docket fee, or sheriff’s service of notice fee required by law in order to file a petition or obtain relief under this chapter. …. 236.7 No bond required. A bond shall not be required in order to obtain relief under this chapter. …. 236.8 Ex parte emergency protection order. On notice to the defendant, the court may issue a temporary emergency ex parte protective order to avoid further injury or to provide for forenotice to the defendant of additional proceedings. The order shall be effective for a period not to exceed forty-eight hours. 236.9 Relief available. The court may grant relief as follows: (1) Order the defendant to refrain from committing acts of domestic abuse against the plaintiff and any designated family or household member. (2) Order the defendant to stop communicating with the plaintiff and any designated family or household member. (3) Order the defendant to take possession of the residence and exclude the plaintiff for a period of time determined by the court. (4) Order the defendant to take possession of personal property in order to preserve it for potential use in a subsequent court proceeding. (5) Order the defendant to pay care, control, custody, and visitation of minor children. (6) Order the defendant to pay money for support of the family or household or for the support of minor children. (7) Order the defendant to pay court costs and attorney’s fees. ….. 236.13 Firearms prohibitions. The court, upon issuing a protective order or approving a consent agreement purporting to be in accordance with subchapter 2, shall order both of the following: 236.14 Request for immediate issuance—service on law enforcement officers—arrest for violating orders. …. 236.18 Domestic abuse advocate. A domestic abuse advocate, as defined in section 236.2, shall not be required to testify in any judicial proceeding concerning the advocate’s address in order to maintain the victim’s confidentiality and safety. 236.19 Requirement to notify plaintiff for service of order. A judgment entry granting relief pursuant to this chapter or a no-contact order pursuant to chapter 664A or both shall include the court clerk’s office in the list of entities to be notified pursuant to section 236.11, subsection 4.
Iowa Domestic Abuse Definitions and Types
Iowa Code Section 236.2 defines domestic abuse as an "attempt to place, or the placing of another person in fear of physical contact which will cause physical harm, or the infliction of physical harm, whether intended or not, when such attempt or such acts are performed against a person with whom the defendant has been in a domestic relationship." A domestic relationship includes individuals who are married, dating, or formerly dated; individuals who are relatives; individuals with a common child; or individuals who are roommates, living together, or have lived together in the past. Physical harm includes any injury or pain that impedes or destroys, temporarily or permanently, the normal functioning of any bodily member or organ or threatens life or safety. Emotional harm is defined as the infliction of any recognizable and significant mental anguish, psychological trauma, or emotional distress, and shall only be found where sufficient evidence based on objective analyses of verifiable facts exists to find such a result. Financial abuse is defined as the withholding or appropriation of funds, assets, or property for an unauthorized purpose or to a degree that prevents access to funds, property, or assets necessary to maintain a reasonable standard of living or inhibits the ability to pay other necessary costs of living.
Iowa Domestic Abuse Penalties
Courts take Iowa domestic abuse offenses seriously. In 2006, the State of Iowa recognized domestic abuse as a serious crime, and they began to ensure that those who broke these laws faced stiff penalties for these offenses. In recent years, the State has begun to enforce even harsher penalties for repeat offenders, with longer sentences and less time to serve. If convicted of committing a first offense, an offender will usually face a misdemeanor charge, which usually results in a $100 fine, along with up to 30 days in jail. When these penalties are broken down, a convicted offender will typically pay out about $150 to $400 in fines and $300 to $1,000 in jail costs, totaling between $500 and $1,400. However, if at any time the alleged offender has forced entry into a residence, the penalties for a first offense increase significantly. If the offender has prior convictions for domestic abuse, those penalties will also increase. In addition to criminal charges, a convicted offender will always lose gun rights. A guilty plea or conviction will also require the offender to pay restitution to the victim in the form of counseling, medical treatment, and property replacement. A protective order will be issued to keep the offender away from the victim and any shared residence or property. Penalties for repeated offenses are more severe. A second offense will usually involve felony charges and six months to two years in prison, though the maximum sentence is an indefinite period of time. Repeated third offenses could result in a 25-year prison sentence for incarceration.
Protective Orders and Legal Shield
In Iowa, obtaining a protective order begins with the filing of a petition with the court. Many counties have forms available for petitioners to use when filing for the protective order themselves. For parties filing pro se (without a lawyer) to obtain any form of a protective order in Iowa, the process begins by going to the courthouse and seeking out the designated clerk or other individual who is responsible for such protective orders. She will provide the pro se litigant with a petition. If the protective order sought is a domestic abuse protective order, the clerk will give the litigant a petition form that is specific to seeking such a protective order. Petitioner fills out the petition and submits it to the clerk, who will submit the petition to the judge. In domestic abuse cases, the petitioner will be able to offer proof of domestic abuse, request temporary relief, and then be given a court date for permanent relief.
The Clerk will not file for the pro se litigant. In domestic abuse cases, if the Judge grants a temporary protective order, then he will also set a Court date so that permanent protective order can be requested. The temporary protective order will last until the permanent protective order hearing a few weeks later.
Victims of domestic abuse pursuant to Chapter 236 of the Iowa Code have 2 options: (1) to obtain a protective order forbidding contact , or (2) to obtain a no contact order in criminal court, if criminal charges are filed. Protective orders are civil court orders. No contact orders are criminal court orders. Both serve to forbid the accused abuser from having personal contact with the victim and from contacting the victim through phone, text, email, social media, and third parties. Both also serve to forbid the accused from going to the victim’s work, residence, and other specified locations.
Restraining orders obtained in domestic abuse protective order cases or in criminal no contact order cases can be enforced as any other court order in Iowa, including fine or imprisonment for a term of not more than six months, or fined not more than $500.00, assessable and collectible as a fine, or both. Iowa Code Section 665.4.
In addition, a victim can seek an order forbidding an abuser from possessing firearms or ammunition under Iowa Code Section 724.26. If a judge finds that the perpetrator poses a danger to the victim, then the judge must also enter an order forbidding possession of firearms and ammunition. If the individual who has the firearms or ammunition in their possession after entry of the order has been served personally with notice of the prohibition, he/she commits an aggravated misdemeanor.
Help for Victims of Domestic Abuse
Iowa recognizes that victims of domestic abuse need many avenues of support in addition to legal remedies. Shelters, hotlines, and legal aid organizations exist all across the state to provide help and guidance to victims of domestic abuse.
The Iowa Coalition Against Domestic Violence (ICADV) is a statewide coalition of domestic abuse shelters that may be accessed by calling 1-800-770-1650. ICADV working with the Iowa Sexual Abuse Hotline at 1-800-284-7821 allows a victim to have one central number to call for all issues relating to domestic or sexual abuse. The hotline is available 24 hours a day, seven days a week. The service is free and confidential. Translation services are available upon request. The center provides information about local support services available at locations across the state.
Victims can seek legal assistance to learn about their rights and explore their options in seeking protection from their abuser. Legal Aid may be contacted by calling (800) 532-1275. This service is available Monday through Friday between 9 a.m. and 4:30 p.m.
In addition, abuse survivors can seek assistance from the Victim Support Hotline at 1-800-373-1044. This hotline operates throughout the United States. It provides information to help a victim connect with local or state resources and prevention services.
Additional resources for victims of domestic abuse include:
National Domestic Violence/Abuse Hotline (24/7): (800) 799-SAFE
The National Domestic Violence/Abuse FAQ Sheet & Resources Online: http://www.thehotline.org/resources
The National Network to End Domestic Violence: http://nnedv.org
National Coalition Against Domestic Violence USA: http://www.thehotline.org/resources; 1-800-799-7233
Iowa Coalition Against Domestic Violence: (800) 370-1650; [email protected]
If you are the victim of abuse, it is critical for your safety and wellbeing that you seek help. You should not suffer in silence.
How to Report Domestic Abuse in Iowa
Once the victim or witness of domestic abuse has come to the decision that he or she must report the incident to the authorities, there are a few steps to take in the state of Iowa. The first step is to dial 911. This must be done whether the event is in progress or has already occurred. Calling 911 is important for a couple of reasons: After the victim, witness or child has called 911, it is vital that he or she provides the operator with all the information needed to respond to the emergency. Even if the event is no longer in progress, the police and other emergency personnel need to know exact address where help is needed, to which apartment unit or home the officers should respond, and any specific details that could make the situation more because the officers will arrive on the scene of an emergency not knowing what has transpired. The more information the witnesses on the phone can provide, the better prepared the police will be to handle the situation . The person calling should also inform the operator if any firearms or drugs were involved in the incident, as these factors could put the officers in a harmful situation. This information may not alter the response to the emergency, but it will allow officers to be more aware of the potential for danger. When the police arrive on the scene, they will begin investigating the situation by taking statements from all involved parties. It is important to keep in mind that the accused is entitled to evidence as well as the accuser. If the accused has been placed under arrest, however, the police will not release any evidence relating to the incident until the legal process has concluded. After taking statements and gathering evidence, the police will likely take the accused to jail. If this is the case, the victim or witness will be called by a detective or the prosecutor’s office to provide a statement. A forensic interview of the victim or child may need to be scheduled, as law enforcement must confirm the credibility of the statement.