In Iowa, domestic violence occurs when someone commits assault against another person whom he/she has a specific relationship with, such as a current or former spouse, a current or former romantic partner, an individual who shares a child with an abuser, or a family or household member.
Common examples of domestic abuse include:
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Causing injury or pain
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Insulting or offensive touching
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Placing someone in reasonable fear of immediate physical contact
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Intentionally pointing a gun toward someone or displaying any dangerous weapon in a threatening way
If you or your child is a victim of domestic violence, you may obtain a protective order—also known as a restraining order—to protect you and your loved ones by ordering the abuser to stop the abuse, leave the family home, stop contacting or visiting you and your family, and confiscate any firearms or dangerous weapons the abuser owns.
The following are the three types of domestic violence protective orders available in Iowa:
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An emergency order – If the courts are closed, a victim can obtain an “emergency order” by calling the domestic abuse program nearest them or calling the Iowa Domestic Abuse Hotline at 1-800-942-0333. This type of protective order is valid for 72 hours, which gives the victim enough time to file for a temporary and/or permanent order.
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Temporary order – A victim can file for a protective order in the district court where he/she or his/her abuser lives. A judge will grant the victim a temporary order if there is an imminent fear or threat of domestic abuse. The victim can apply for a temporary order and permanent order at the same time. The temporary order is valid until the full court hearing occurs, which is generally within five to 15 days.
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Permanent order – At the court hearing, the victim and the abuser have an opportunity to tell their sides of the story and present supporting evidence. If the judge rules in favor of the victim, the permanent order will last up to one year and may be extended once the time expires.
If you need legal assistance to file a restraining order in Des Moines, call The Law Offices of Mark R. Hinshaw at (515) 200-7571 or complete our online contact form today to schedule a free consultation. Our legal team provides our clients with compassionate and personalized legal services!