Conozca la Ley: Iowa
ACTUALIZADA 15 de noviembre, 2007
If you are planning to move to IA or are going to be in IA for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State orders in IA
- Can I get my protection order enforced in Iowa? What are the requirements?
- Can I have my out-of-state protection order changed, extended, or canceled in IA?
- What can I do if the court that issued my order tells IA that my order has changed or is no longer valid?
- I was granted temporary custody with my protective order. Will I still have temporary custody of my children in IA?
- Registering your Out-of-State order in IA
General Rules for Out-of-State orders in IA
arribaCan I get my protection order enforced in Iowa? What are the requirements?
Yes. Your protective order can be enforced in Iowa as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaCan I have my out-of-state protection order changed, extended, or canceled in IA?
No. Only the state that issued your protective order can change, extend, or cancel the order. You cannot have this done by a court in Iowa.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. Find out if this is possible in your state by calling the clerk of the court that issued your order. To find out more information about how to modify a protective order, see the Iowa Protection Orders page for the state where your order was issued.
If your order does expire while you are living in Iowa, you may be able to get a new one issued in Iowa but this may be difficult to do if no new incidents of abuse have occurred in Iowa. To find out more information on how to get a protective order in Iowa, visit our IA Protection Orders page.arribaWhat can I do if the court that issued my order tells IA that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Iowa cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in IA. You will find information on legal assistance and domestic violence organizations in IA on the IA Where to Find Help page.
arribaI was granted temporary custody with my protective order. Will I still have temporary custody of my children in IA?
Yes. As long as the child custody provision complies with certain federal laws,* Iowa can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, please visit our IA Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.