Know the Laws: Iowa
UPDATED September 9, 2008
Protective orders is a civil order that provides protection for you or your family from an abuser.
- Basic Information
- Can I get a Protective Order?
- What are the steps for obtaining an order of protection?
- After the Hearing
Basic Information
back to topWhat is the legal definition of domestic violence in Iowa?
This section defines domestic violence for the purposes of getting a protective order.
Domestic violence includes the following behaviors:
- Hitting you;
- Slapping you;
- Pushing you;
- Pulling your hair;
- Dragging or throwing you around;
- Kicking you;
- Poking you with an object or with hands;
- Throwing something at you;
- Pointing or firing a gun at you;
- Forcing unwanted sex or sexual activity on you (even if you are married);
- Showing a knife or other weapon while making threats to your safety; and
- Threatening to cause physical injury and being able to do it.*
* IA ST § 236.2
back to topWhat types of protective orders are available? How long do they last?
In Iowa, there are three types of domestic violence protective orders.
An emergency order is issued only if the courts are closed (at night or on a weekend) and lasts for 72 hours, which should be enough time to file for a temporary and/or permanent order.*
You can get an emergency order by calling the domestic abuse program nearest you (please see Where to Find Help), or by calling the Iowa Domestic Abuse Hotline at 1-(800)-942-0333.
Temporary orders are similar to emergency orders in almost every respect, except that they last a little bit longer. Usually you apply for a temporary order at the same time as you apply for a permanent order. The temporary order will last until you can have a full court hearing on your application for a permanent order.
A temporary order lasts until the court hearing date that a judge will assign you. Your hearing date will be for a full court hearing on your application for a permanent order. The hearing usually will take place within 15 days of your applying for the orders.**
A permanent order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It lasts up to one year and may be extended after that. See below: How do I change or extend my order?
* IA ST § 236.6
** IA ST § 236.4
back to topHow can a protective order help me?
In a permanent order the court can order :
- That the abuser stop abusing you
- That the abuser leave your house or apartment
- That the abuser provide you with a place to stay
- That the abuser stay away from your home, school or job
- Custody of the children to you along with special visitation rules
- That the abuser pay child and spousal support
- That the abuser attend counseling
Whether a judge orders any or all of the above depends on the facts of your case.*
* IA ST § 236.5
back to topWhere can I file for a protective order?
You can file for a protective order in the district court where you live or where the abuser lives.*
* IA ST § 236.3