To read additional information on protective orders in Iowa, go to the judicial branch website: www.judicial.state.ia.us/families/domviol/domabuse.asp

Note: This page was last updated on November 8, 2006.

Table of Contents

• A quick overview of the legal system
• What is a protective order?
• What is the legal definition of domestic violence in Iowa?
• Am I eligible to file for a protective order?
• What types of protective orders are there? How long do they last?
• How can a protective order help me?
• How much does it cost? Do I need a lawyer?
• What are the steps for getting a protective order?
• What will I have to prove at the hearing?
• What should I do before the hearing to prepare my case?
• What should I do on the day of the hearing?
• What is the order of events in the courtroom?
• What should I do when I leave the courthouse?
• I was not granted a protective order. What can I do?
• What if the abuser violates my order?
• How do I change or extend my order?
• What happens if I move?
• What if I don't qualify for a protective order?

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A quick overview of the legal system

The legal system is divided into two areas: civil law and criminal law.  The administration of these laws is handled by separate courts.

It may be in your interest to seek both civil and criminal action against your abuser to receive maximum protection from him.

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What is a protective order?

A protective order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.

It is important to note that if you get a protective order and then get back together with your abuser without telling the court, you may be fined or go to jail. 1

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What is the legal definition of domestic violence in Iowa?

Domestic violence includes the following behaviors:

• Hitting you
• Slapping you
• Pushing you
• Pulling your hair
• Dragging or throwing you around
• Kicking you
• Poking you with an object or with hands
• Throwing something at you
• Pointing or firing a gun at you
• Forcing unwanted sex or sexual activity on you (even if you are married)
• Showing a knife or other weapon while making threats to your safety
• Threatening to cause physical injury and being able to do it 2

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Am I eligible to file for a protective order?

A protective order protects you from abuse by the following:

• Your spouse or ex-spouse, regardless of whether or not you still live together
• Anyone you live with and are in an intimate relationship with
• Anyone you lived with within the last year and were in an intimate relationship with
• Anyone you are related to by blood or by adoption or marriage and live with or lived with within the past year
• Anyone with whom you have had a child 3

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What types of protective orders are available? How long do they last?

In Iowa, there are three types of domestic violence protective orders.

An emergency order is issued only if the courts are closed (at night or on a weekend) and lasts for 72 hours, which should be enough time to file for a temporary and/or permanent order. 4

You can get an emergency order by calling the domestic abuse program nearest you (please see IA Links & Resources), or by calling the Iowa Domestic Abuse Hotline at 1-(800)-942-0333. 

Temporary orders are similar to emergency orders in almost every respect, except that they last a little bit longer.  Usually you apply for a temporary order at the same time as you apply for a permanent order.  The temporary order will last until you can have a full court hearing on your application for a permanent order.

A temporary order lasts until the court hearing date that a judge will assign you.  Your hearing date will be for a full court hearing on your application for a permanent order.  The hearing usually will take place within 15 days of your applying for the orders. 5

A permanent order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It lasts up to one year and may be extended after that. See below: How do I change or extend my order?

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How can a protective order help me?

In a permanent order the court can order :

• That the abuser stop abusing you
• That the abuser leave your house or apartment
• That the abuser provide you with a place to stay
• That the abuser stay away from your home, school or job
• Custody of the children to you along with special visitation rules
• That the abuser pay child and spousal support
• That the abuser attend counseling

Whether a judge orders any or all of the above depends on the facts of your case. 6

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How much does it cost? Do I need a lawyer?

The filing fee and court costs for an order for protection are waived for the plaintiff so it won't cost you anything to apply for an Order. It will not cost you anything to have your papers served to your abuser, either.

When an order for protection is entered by the court, the court may direct the defendant (the abuser) to pay to the clerk of court the plaintiff's filing fees and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff's fees and costs.

You do not need a lawyer to get a protective order, but it may be in your interest to hire an attorney if your abuser is represented by one.  A domestic violence organization in your area may be able to refer you to an attorney or legal aid service who will take your case for free.  Go to our IA Links & Resources page for a list of organizations in your area. 7

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What are the steps for getting a protective order?

Step 1:  Go to court and request a petition
Go to the courthouse in your county or the county where the abuser lives.  You can find a court near you by going to our Courthouse Locations & Info page.  Find the office of the Clerk of Court. Tell them that you are there to file a petition for a temporary and permanent protection order.  (You can also find links to petitions online by going to Download Court Forms.)

NOTE: Do not sign the form when you are finished. It must be signed in front of a Notary Public. There should be a Notary Public in the courthouse.  Be sure to bring a picture ID.

Step 3:  A judge will review your petition
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 he or she reviews your petition.  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 clerk must give it to the 911 dispatcher in the county it was issued.  This is also true of permanent and emergency orders.  Police and other law enforcement agencies anywhere in the state can find out about your order by checking a computerized registry of orders.

Usually the court will send copies of the order and notice of hearing to the police or sheriff, but in some areas you may have to bring the papers to the sheriff or police yourself.

Ask the court clerk or a domestic violence organization for more information about serving the abuser. 

Do not try and serve the abuser in person with the papers yourself.

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.

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What will I have to prove at the hearing?

As the petitioner requesting the protective order, you must prove that the abuser:

• Physically abused you; OR
• Pointed a gun at you or menaced you with a dangerous weapon (such as a knife); OR
• Threatened you with physical contact that would cause you pain or injury AND the threat put you in fear AND the threat could be carried out immediately.

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What should I do before the hearing to prepare my case?

Get evidence to help you prove your case.
Evidence can include:

• What you or a witness says in court about the incident(s)
• medical reports
• police reports
• pictures of your injuries - best if dated
• household objects torn or broken by your abuser
• pictures of your household in disarray after an episode of domestic violence
• weapons used
• tapes of calls you may have made to 911
• certified copies of the abuser’s criminal record
• anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection 

The more evidence you have, the greater your chances of being granted a protection order.  However, the judge will listen to your story even if you have no physical evidence or witnesses.

You may also want to mention:

• The most recent 2 incidents of violence,
• The worst 2 incidents of violence,
• Whether the abuser has a gun or other weapons, and
• Whether the abuser has threatened to physically hurt or kill you.

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What should I do on the day of the hearing?

• Be on time.
• Dress neatly.
• Be prepared to spend all day in court (There may be other hearings before yours)
• Have your evidence there and ready.
• Have your witnesses there and ready. 
• If you have subpoenaed witnesses and they are not present you should inform the judge.
• Speak directly to the judge; he or she will understand if you feel nervous. 
• Always address the judge as “Your Honor” 
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a “continuance” so you can look for a lawyer
• Once your case is called, enter the courtroom and find a seat.  It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to
• Relax and remain calm. 
• Take deep breaths if you feel yourself getting tense.  Never lose your temper in the courtroom.
• Always tell the truth 
• If you don’t understand a question, just say so
• If you don’t know the answer to a question, just say so.  Never make up an answer.

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What is the order of events in the courtroom?

• At the hearing, everyone who testifies will swear to tell the truth
• As the petitioner, you will tell your side of the story first
• The judge and the defendant (your abuser) may ask you questions, which you must answer truthfully. If you are scared to answer any of them, tell the judge.
• When you are done, your witnesses may speak. You may ask them questions, and then the judge and the defendant will have a turn to ask them questions.
• The abuser will tell his side of the story.  It may be very different from yours. After the defendant tells his story, you and the judge are allowed to ask him questions.
• The judge will make a decision after hearing both sides and considering the evidence.
• If the judge decides in your favor, the judge will sign a permanent protective order. The order will have boxes checked or things written in by the judge that the defendant has been ordered to do. The judge can order the protective order to be effective for as long as one year. (Before the year is over, you may apply to the court to have your order extended. You will have to go to a short hearing to tell a judge why you need it extended.)
• You will be given a copy of the protective order. Review it carefully before you leave the courthouse. If you have ANY questions about it, be sure to ask the judge.

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What should I do when I leave the courthouse?

• Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the protective order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks and your phone number.

One week after court, call your local law enforcement offices to make sure they have received copies of the protective order from the clerk.

You may also wish to make a safety plan. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.

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I was not granted a protective order. What can I do?

If you are not granted 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 resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of Iowa resources on our IA Links & Resources page.

If you were not granted 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?

You may also be able to reapply for a protective order if you have new evidence to show the court that domestic abuse did occur, or if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. 8

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What can I do if the abuser violates the order?

Violating a protective order is against the law. There are 2 ways to get help if your abuser violates the protective order.

Through the Police or Sheriff (Criminal)
If the abuser violates the protective order, call 911 immediately. Call the police, even if you think it is a minor violation. In some cases, the abuser can be arrested right away. Tell the officers you have a protective order and the abuser is violating it. If the abuser is arrested, then the county attorney can prosecute your abuser because it is a crime to violate a protective order. If found guilty of a violation of a protective order, the abuser may be put in jail and/or fined.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. 

Make sure a police report is filled out, even if no arrest is made.  If you have legal documentation of all violations of the order it will help you have the order extended or modified. 

Through the Civil Court System (Civil)
You may file for civil contempt for a violation of the order. You can do this even if the police do not investigate or arrest your abuser. The abuser is in "civil contempt" if he does anything that your protective order tells him not to do.

To file for civil contempt, go to the clerk's office and tell him/her you want to start contempt proceedings against the abuser. You will have to fill out some forms, which the court clerk will give you.  You will also have to attend a court hearing to prove that the abuser violated the order. 9

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How do I change or extend my order?

To modify your order, go back to the court where you got it and file a petition with the clerk. Only a judge can modify or terminate a protective order. The court may be less willing to offer you its protection in the future if you have an order dismissed.

A judge may extend your order by granting a renewal for up to one year. You may have it renewed more than once. You must fill out the “Request to Cancel or Change a Chapter 236 Protective Order” form.  You must submit this form to the court before your first order expires.

You will have to attend a short court hearing (which the abuser will also attend) where you must prove to the court that the abuser is still a threat to your safety.

Note: If you voluntarily spend time with the abuser after a protective order has been issued against him, YOU COULD BOTH GO TO JAIL. 10

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What happens if I move?

If you move within Iowa, your order will still be valid and good. It is a good idea to call the clerk to change your address.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protective order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor (district attorney) in your area.

If you are moving out of state, you should call the domestic violence program in the state where you are going to find out how that state treats out-of-state orders. If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information. 11

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What if I don't qualify for a protective order?

If your abuser has been arrested, you may be able to get a No Contact Order. A no contact order is issued in criminal court. Following the arrest for domestic abuse assault, stalking or harassment, the abuser will not be let out of jail before seeing a judge. The judge may give the abuser a “no contact” order before the abuser leaves the jail.

A victim does not need to file for this, as a judge will automatically consider it in arrests of domestic violence, stalking or harassment.

Most no contact orders tell the abuser not to contact the victim identified in the criminal case. If the judge has the right information, the judge may also order the abuser to stay away from other family members of the victim. Each order is a little different so you should read it carefully and ask the county attorney if you have questions about what can or should happen.

Many victims fear that the 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 from a criminal case cannot give you custody of minor children. To get legal custody of children, you need to start a different case in civil court.

Finally, a no contact order should protect you anywhere you go in the United States. 12

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The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protective orders for the state of Iowa, check out http://www.womenslaw.org/IA/IA_how_to.htm for more information.   The information above was gathered from http://www.womenslaw.org/IA/IA_how_to.htm.