Restraining Orders

In Iowa, there are three types of sexual abuse protective orders: emergency, temporary, and final.

Emergency orders: These orders are an option when the court is closed, such as during evenings or weekends. The judge can grant you an emergency order if s/he believes an order is necessary to protect you from sexual abuse. The abuser does not have to receive notice of your case for the judge to grant an emergency order. Emergency orders last for 72 hours.¹

If you need help with an emergency order, try calling the Iowa Victim Service Call Center at 1-(800)-770-1650. 

Temporary orders: When you file a petition for a sexual abuse protective order, you can ask for a temporary ex parte order to be issued immediately. “Ex parte” means that the abuser does not come to the hearing or have notice of the case beforehand. A judge can grant you a temporary order if s/he believes that you need one to protect you before your hearing for a final order.² 

Your temporary order will last until your hearing for a final order. The court will schedule your hearing for a final order to take place between five and 15 days after the abuser receives notice of the temporary order.³ The judge could also issue a subpoena requiring witnesses to appear and testify in the case if you or the abuser ask the judge to do so. The judge must also let the abuser know that s/he has the right to hire an attorney for the trial.⁴

Final orders: Before the judge can grant a final order, the abuser must have the opportunity to appear in court to present evidence and testimony in a hearing. At that hearing, the abuser can:

• agree (consent) to enter the order without admitting to committing sexual abuse; or
• ask for a trial.⁵

If there is a trial in your case and the judge finds that the abuser has sexually abused you, the judge can grant you a final order. The judge can issue the final order for up to one year. The order can also be extended multiple times.⁵ See Can I change, extend, or cancel my order? for more information.

¹ Iowa Code § 236A.8(1), (2)
² Iowa Code § 236A.6(2)
³ Iowa Code § 236A.6(1), (3)
⁴ Iowa Code § 236A.6(4), (5)
⁵ Iowa Code § 236A.7(2), (3)

When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or perhaps the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you, but s/he has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree (consent) to an order or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file in the courthouse in the abuser’s state. However, you might need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.