Restraining Orders

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.