A protective order in Iowa is a legal tool designed to safeguard individuals from abuse, harassment, or threats. Whether you are facing domestic violence, sexual abuse, or elder abuse, understanding how protective orders work in Iowa can be crucial to your safety and peace of mind.

At Family Law Solutions of Iowa, LLC, our knowledgeable family law attorneys can assist you with protective order needs. Whether you need one or are on the receiving end, you have rights that deserve protection. These cases can be complicated when you try to navigate them yourself, but we are here to help.

Understanding Protective Orders in Iowa

A protective order, sometimes referred to as a restraining order, is a civil court order that prohibits an abuser from contacting or approaching the victim. In Iowa, protective orders are available under specific circumstances, including:

• Domestic abuse (Iowa Code Chapter 236)
• Sexual abuse (Iowa Code Chapter 236A)
• Elder abuse (Iowa Code Chapter 235F)

These orders are separate from no-contact orders, which are issued in criminal cases. Protective orders are civil in nature and can be requested even if no criminal charges have been filed.

Who Can Request a Protective Order?

To qualify for a protective order in Iowa, the petitioner must meet certain relationship and abuse criteria. You may be eligible if:

• You are related to the abuser by blood or marriage
• You live or have lived with the abuser
• You share a child with the abuser
• You are in or were in an intimate relationship with the abuser
• You are a vulnerable adult or elder facing abuse

In cases involving minors or vulnerable adults, a substitute petitioner, such as a parent or guardian, can file on their behalf.

How to File for a Protective Order in Iowa

The process begins by filing a petition with the Clerk of Court in your county. 

1. Complete the Petition: Provide detailed information about the abuse, your relationship with the abuser, and any immediate safety concerns.
2. Submit the Petition: File the completed forms with the Clerk of Court. There is no filing fee for protective orders.
3. Temporary Protective Order: A judge may issue a temporary order based solely on your petition. This order is effective once served to the abuser and remains in place until a hearing is held, typically within 7 to 15 days.
4. Court Hearing: Both parties attend a hearing where the judge decides whether to issue a final protective order. You must attend this hearing for the order to be granted.
5. Final Protective Order: If granted, the final order can last up to one year and may be extended upon request.

What Does a Protective Order Do?

A protective order can include several provisions, such as:

• Prohibiting the abuser from contacting or approaching the victim
• Requiring the abuser to move out of a shared residence
• Granting temporary custody of children
• Restricting the abuser from possessing firearms
• Ordering the abuser to attend counseling or treatment

Violating a protective order is a criminal offense and can result in arrest and additional penalties.

Consult with an Iowa Protection Order Attorney for Help 

Protective orders in Iowa are powerful legal tools that can help prevent further abuse and provide a sense of security. If you or someone you know is in danger, don’t hesitate to seek help. Legal aid organizations, domestic violence shelters, and the Iowa Judicial Branch offer resources to guide you through the process.

Our lawyers at Family Law Solutions of Iowa, LLC can help with your Iowa protection order. Contact us today for a consultation of your case.