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)