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EspañolWho can file for a sexual abuse protective order?
You can file for a sexual abuse protective order if you are the victim of sexual abuse, as defined by law. You can also file on behalf of a minor if you are the minor’s parent or guardian.1
1 Iowa Code § 236A.3(1)
Can I get a sexual abuse protective order against a minor?
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)
What are the steps involved with getting a sexual abuse restraining order?
The steps to get a sexual abuse protective order are similar to the steps to get a protective order based on domestic abuse, but you may fill out different forms. If you have questions, you can call the clerk of court or talk to a lawyer. You can find contact information for local courthouses on the IA Courthouse Locations page and for lawyers on the IA Finding a Lawyer page.
Do I need a lawyer for my case?
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
Can I change, extend, or cancel my order?
Either you or the abuser can file a “Request to Modify, Cancel, or Extend a Sexual Abuse Final Protective Order” at any time. The judge will set a hearing date where both you and the abuser can present evidence. You can find the form online by going to our IA Download Court Forms page, or you can get one from the clerk at your local courthouse.
If you are asking the judge to extend the order, s/he can extend it for up to one year if s/he finds that the abuser is still a threat to your safety, the safety of someone who lives with you, or the safety of people in your immediate family. A sexual abuse final protective order can be extended multiple times.1
1 Iowa Code § 236A.7(3)
