This section defines domestic abuse for the purposes of getting a protective order. Domestic abuse is when someone you have a specific relationship with commits assault against you.¹ Assault is defined as:

• any act that is meant to cause you pain or injury;
• any act that is meant to result in physical contact with you that will be insulting or offensive to you;
• any act that is meant to make you fear immediate physical contact that will be painful, harmful (“injurious”), insulting, or offensive;
• intentionally pointing any firearm towards you or displaying any dangerous weapon towards you in a threatening manner; or
• intentionally pointing a laser showing a visible light beam at you, with the intent to cause you pain or injury.²

¹ Iowa Code § 236.2(2)
² Iowa Code § 708.1(2)

A temporary order can include anything that the judge thinks is necessary to protect you from domestic abuse, including:

• making temporary custody or visitation orders; 
• giving you possession of any pets or companion animals that are owned or kept by you, the abuser, or by a minor child of you or the abuser; and
• prohibiting the abuser from coming near such animal, taking it, harming it, threatening it, etc.¹

Temporary orders also have to specifically include a notice that the abuser may be required to give up all firearms, offensive weapons, and ammunition if a permanent order is issued.¹

In a permanent order, the judge can:

1. order the abuser to:

• stop abusing you;
• leave the house or apartment where you are living together, or provide suitable alternate housing for you;
• stay away from your home, school, or job;
• not have in his/her possession any firearms, weapons, and ammunition;
• pay child and spousal support;
• pay your attorney’s fees and costs; 
• go to counseling (Note: The judge can also order you and your children to go to counseling as well);²
• stay away from any pet or companion animal that belongs to you, to the abuser, or to a minor child of you or the abuser; and
• not take, hide, bother, attack, threaten, or otherwise get rid of such pet or companion animal;² and

2. give you:

• temporary custody of your children and allow the abuser to have visitation;³ and
• exclusive care, possession, or control of any pets or companion animals.⁴ 

Note: The judge is supposed to keep your safety and the safety of your children in mind when deciding visitation. If the judge finds that you or your children will be in danger with unsupervised visitation, the judge should:

• restrict visitation;
• order supervised visits; or
• deny visitation entirely.³

The judge should also determine whether any other existing orders awarding custody or visitation rights should be changed (modified).³

Whether a judge orders any or all of the above depends on the facts of your case.

¹ Iowa Code § 236.4(2) - (4)
² Iowa Code § 236.5(1)
³ Iowa Code § 236.5(1)(b)(5)
⁴ Iowa Code § 236.5(1)(b)(7)

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 to an order “on consent” 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 state where the abuser lives. 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.

In Iowa, you may apply for a protective order against a current or former same-sex partner as long as your relationship meets the requirements listed in Am I eligible to file for a protective order? You must also be the victim of an act of domestic abuse, which is explained in What is the legal definition of domestic abuse in Iowa?

If a minor is a victim of domestic abuse, the minor’s parent or guardian will need to file for a protective order on the minor’s behalf.¹ The petition is called a “Petition for Relief from Domestic Abuse on Behalf of a Minor Child.”

If the child and a parent are both being abused, the parent may apply for his/her own protective order. The parent can then ask the judge to include the child as an additional protected party.

¹ Iowa Code § 236.3(1)

There is no cost to file for a protective order, or to have it served on the abuser. However, if a permanent protective order is entered, the judge may order the abuser (defendant) to pay any filing fees and reasonable costs of service of process. The judge must first determine that the defendant has the ability to pay the plaintiff’s fees and costs.¹

¹ Iowa Code § 236.3(3)

If you don’t qualify for a civil protective order, you may be able to get a no contact order if the abuser has been arrested for any of the following crimes:

• domestic abuse;
• assault;
• stalking;
• harassment;
• sexual abuse; or
• violation of a protective order.¹ 

A no contact order is issued by the criminal court. The victim does not need to file for a no contact order, because a judge will automatically consider it. The judge may grant the no contact order before the abuser leaves the jail where s/he was held after the arrest.

A no contact order could restrict the defendant from having contact with the following people:

• you, if you are the victim;
• anyone living with you; and
• your immediate family, including any children that you have with the abuser.²

If you already have a custody order or a visitation order that gives the defendant contact with your children, the no contact order will override it.³ However, a no contact order from a criminal case cannot give you custody of minor children. To get legal custody, you need to start a different case in civil court.

A no contact order is also supposed to specifically include a notice that the abuser may be required to give up all firearms, offensive weapons, and ammunition if a permanent no contact order is issued.⁴ 

Each order is a little different. Read your order carefully and ask the county attorney if you have questions about what can or should happen.

Many victims fear that getting a no contact order will only make the abuser angrier. If you are concerned about this, you should talk to a domestic violence victim advocate and the county attorney. They may be able to help you develop a safety plan or may ask the judge to change the order so that it will not be as upsetting to the abuser. A no contact order should protect you anywhere you go in the United States.

¹ Iowa Code § 664A.3(1)
² Iowa Code § 664A.3(5)
³ Iowa Code § 664A.3(4)
⁴ Iowa Code § 664A.3(6)

Go to the courthouse in your county or the county where the abuser lives.  Find the office of the Clerk of Court. Tell them that you are there to file a petition for a protective order.  You can find a court near you by going to our IA Courthouse Locations page.  You can also find links to petitions online by going to our IA Download Court Forms page.

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. This is called an ex parte hearing. Ex parte means the abuser is not there and does not know about the order in advance.

The judge will decide whether or not to issue the temporary order, and if you seek a permanent order the judge will set a date for a hearing. You will be given papers that state the time and date of your hearing for a permanent order.

If the judge issues you a temporary order, the sheriff for the county in which it was issued will also get a copy. This is also true of permanent and emergency orders.¹ Law enforcement agencies anywhere in the state can find out about your order by checking a computerized registry of orders.

¹ Iowa Code § 236.5(7), (8)

You must go to the hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over.

If the abuser does not show up for the hearing, the judge may still grant you a protective order, or the judge may order a new hearing date.

As the plaintiff requesting the protective order, you must prove that the abuser committed at least one act of domestic abuse against you. Alternatively, the abuser can agree to consent to the order without admitting to committing domestic abuse.¹

You can learn more about the court system in our Preparing for Court – By Yourself section. See our At the Hearing section for ways you can show the judge that you were abused.

¹ Iowa Code § 236.5(1)

Once you get a protective order, there may be laws that prohibit the abuser from having a gun in his/her possession.  There are a few places where you can find this information:

1. Read the questions on this page to see if judges in Iowa can remove guns as part of a temporary or final order;
2. Go to our State Gun Laws section to see who can and cannot legally have guns in Iowa; and
3. Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.

You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms website.

Even if the judge does not give you a protective order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations on our IA Places that Help page to get help, support, and advice on how to stay safe. They can help you develop a safety plan and try to connect you with the local resources you need. For safety planning help, ideas, and information, go to our Safety Planning page.

You may also be able to reapply for a protective order if a new incident of domestic abuse occurs after your order is denied. If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. You can find basic information on our Filing an Appeal page. Generally, appeals are complicated and you will most likely need the help of a lawyer.

If you were not granted a protective order because your relationship with the abuser does not qualify, you may be able to seek protection through a criminal no contact order. See What if I don’t qualify for a protective order? for more information.

To change (modify), extend, or dismiss your order, go back to the court where you got it. You will need to file a petition with the clerk. You can get the proper form from the clerk, or by going to our IA Download Court Forms page. You must fill out the form and submit it to the court before your current order expires.  A judge will schedule your case for a hearing where both you and the abuser can come to court and present evidence.

If you are requesting an extension, the judge can extend your order for up to one year if you prove that the defendant continues to pose a threat to your safety, or to the safety of an immediate family member or anyone who lives with you. You can have an order extended more than once.¹

Note: The abuser can also ask the judge to change the order at any time.¹ S/he will have to follow the same procedure of filing a petition with the court and scheduling the case for a hearing. You will be notified of the hearing, and you will get the chance to come to court and fight against the order being changed if you choose to do so. See Do I need to tell the court in Iowa if I move? for more information.

¹ Iowa Code § 236.5(3)

Your protective order is automatically good throughout Iowa as well as in all other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protective order, it is valid wherever you go in the U.S.¹ 

Different states may have different rules for enforcing out-of-state protective orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.

You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.

Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.

¹ 18 U.S.C. §§ 2265; 2266

For the purpose of getting a sexual abuse protective order, “sexual abuse” includes any of the following crimes in Iowa or similar ones in another state:

• any sexual crime included in Chapter 709 of the Iowa Code;
• incest; and
• sexual exploitation of a minor.¹

¹ Iowa Code § 236A.2(5)

A sexual abuse protective order can order the abuser to:

• stop sexually abusing you;
• stay away from your home, school, and work;
• pay your attorney’s fees and court costs; and
• do anything else that the judge believes is necessary depending on your situation.¹ 

Be sure to include any specific requests in your petition that you may want included in the order.

¹ Iowa Code § 236A.7(1), (5)

You can file a petition against a minor if s/he committed an act of sexual abuse against you. If the abuser is 17 years old or younger, the district court will give up (waive) its jurisdiction. This means that the case will be handled in juvenile court.¹ 

¹ Iowa Code § 236A.3(4)

You are not required to have a lawyer to file for a sexual abuse protective order. However, it can be helpful to have a lawyer at future court dates, especially if the abuser has a lawyer or if the case goes to trial. A lawyer can help with presenting evidence, questioning your witnesses, and cross-examining the abuser.

If you do not have the money to pay for a lawyer, you can contact a local legal services organization to see if they can represent you. Another option may be to ask the county attorney’s office for help. Their office may be able to help you with:

• getting the forms;
• filling out the forms and any other court paperwork;
• filing your court forms;
• presenting evidence to the judge;
• enforcing the order; and
• possibly any additional assistance necessary.¹

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Iowa Code § 236A.5

A protective order is good anywhere in the United States 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;¹
• The judge that gave the order had power (jurisdiction) over the people and case - in other words, the judge had the authority to hear the case; and
• The abuser received notice of the order and had a chance 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.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

In some states, you will need a certified copy of your protective order. A certified copy says that it is a “true and correct” copy. It is signed and initialed by the clerk of court and usually has some kind of court stamp on it. In Iowa, a certified order has a stamp and a raised seal on it.

The copy you originally received may or may not have been a certified copy. If you do not have a certified copy, call or go to the court that gave you the order. Ask the clerk’s office for a certified copy.

Note: It is a good idea to always have a copy of the protective order with you. Bring several copies with you when you move. Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on. Give a copy to the security guard or front desk person, if there is one, where you live or work. Give a copy of the protective order to anyone who is named in and protected by the order.

The court that gave you your protective order needs to have an up-to-date address for you at all times. This is because the court will only communicate with you by mail if anything happens in your case - for example, if the abuser asks the judge to change or end the order.

If you won’t be able to get mail at your old address after you move, you must provide the court with a new one. Iowa law says that a change of address should be reported to the court within five days after you stop getting mail at your old address.¹

When you give your new address to the court, you can ask that it be kept confidential. It will be kept in a confidential part of your file, and the public will not have access to it.² However, your new address could possibly be released to court officials in your new state, or to law enforcement officials. If you feel unsafe giving your new address, you can use the address of a friend you trust, a shelter/domestic violence agency, or a P.O. box instead.³

¹ Iowa Code § 236.10(2)
² Iowa Code § 236.10(3), (4)
³ Iowa Code § 236.10(1)

Whether you can take your kids out of state may depend on what exactly your protective order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our IA Custody page.

If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Iowa on our IA Finding a Lawyer page.

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;¹
• The judge that gave the order had power (jurisdiction) over the people and case - in other words, the judge had the authority to hear the case; and
• The abuser received notice of the order and had a chance 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.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody part of your order meets the standards of certain federal laws, Iowa can enforce it.¹

To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, please visit our IA Finding a Lawyer page.

¹ 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.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S., Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

The state that issued your protective order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Iowa. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

You do not need to register a protective order from another state to get it enforced. Iowa will enforce your order if:

1. you can show the officer a copy of your order; and
2. the officer believes that it is a real (valid) order.¹ 

However, registering your order in Iowa may help local law enforcement officers more easily check that your order is valid.

¹ Iowa Code § 236.19(4)(a)

According to federal and state laws, you do not need to register your protective order to get it enforced in Iowa. However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure if registering your order in Iowa is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Iowa on our IA Advocates and Shelters page.