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EspañolCan I get an order for protection against a same-sex partner?
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?
Am I eligible to file for a protective order?
You can file for a protective order if there have been acts of domestic abuse against you by any of the following people:
- a family or household member who you lived with, either at the time of the abuse or at any time within the past year; (Note: “Family or household members” means your spouse, someone you live with, your parent, or another person you are related to by blood or marriage);
- an ex-spouse, whether you are separated or divorced;
- someone you share a child with, even if you were never married and never lived together; or
- someone you have/had an intimate relationship with and have had contact with during the year before the abuse. (Note: An “intimate relationship” means a significant romantic involvement, not necessarily a sexual one.)1
1 Iowa Code § 236.2(2), (4), (5)
Can a minor get a protective order?
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)
Can I get a protective order against a minor?
You can file against a minor if s/he committed domestic 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 § 236.3(4)
How much does it cost?
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)
Do I need a lawyer?
You do not need a lawyer to get a protective order. However, it can help to have one to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to our IA Finding a Lawyer page for legal referrals.
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 representing yourself, the domestic violence organizations in your area or staff at the courthouse may be able to answer some questions or help you fill out court forms. Also, our Preparing for Court – By Yourself section can help you get ready.
1 Iowa Code § 236.3B
What if I don't qualify for a protective order?
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)
