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Presently married, even if you are not living
together |
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Divorced or separated, whether or not living
together |
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| Living
together in an intimate relationship with the abuser
at the time of the abuse. (The legal word is
cohabitation.) |
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| Living
together and related by blood, (such as adult
siblings) or by affinity (such as adoption or
marriage). |
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| You and
the abuser are parents of the same child who is
under 18 years of age. |
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| You and
the abuser lived together at some time during the
past year and were in an intimate relationship. |
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| You and
the abuser lived together at some time during the
past year and were related by blood or affinity. |
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ABUSE AND
PRESENT THREAT OF HARM |
| You must
show that an assault, as defined by law, has occurred.
Assault means ONE of the following must have happened: |
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| Someone physically
abused you; OR |
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| Someone pointed a
gun at you or displayed a dangerous weapon (such
as a knife) toward you in a threatening manner;
OR |
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| Someone threatened
you with physical contact which would cause pain
or injury, AND the threat put you in fear,
AND the threat could be carried out
immediately. |
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RESIDENCY |
| The
non-abusive partner or the abuser must live in Iowa.
The petition must be filed in the courthouse located in
the county where either the non-abusive partner or the
abuser is living. |
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WHAT CAN THE
COURT DO UNDER CHAPTER 236? |
Under
Chapter 236 the court can restrict the abusive partner
from behavior such as contacting the non-abusive partner
at home, work, or school. When the petition is
filed the petitioner will have a chance to state
specifically what he/she wants the abuser to be
restrained from. The court will also determine
such issues as child custody and living arrangements.
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WHAT
KIND OF PROTECTIVE ORDERS ARE THERE? |
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TEMPORARY:
This order is issued
the same day that the petition is filed and is
good up to the time of the hearing. |
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PERMANENT:
This order is issued
at the end of the hearing and is good for up to
one year. |
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EMERGENCY:
This order is issued
on the weekend or any other time that the
courthouse is closed and is good for 72 hours. |
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| |
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WHAT ARE
MY OTHER OPTIONS? |
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SAFETY PLAN:
This option must be pursued no matter what other
options you choose. There is no guarantee
that the abuser will obey the protective order.
A Safety Plan example is found on this website.
Our staff will gladly help you with any and all
questions. |
|
WRIT OF INJUNCTION: A
lawyer can petition the court for a writ of
injunction to protect you. While a writ of
injunction can be part of a divorce case, you do
not need to be married to obtain one. You
do need a lawyer. |
|
MOVE:
You can move to a shelter or other safe place. |
|
CRIMINAL CHARGES:
You can ask the
police or county attorney to file criminal
charges against the abuser and ask the judge to
order "no contact" while the case is pending. |
|
| |
| To start PRO
SE proceedings go to the clerk of court in your
county and ask for a PRO SE no contact order for
domestic violence. Contact us at Seeds
of Hope, 1-888-746-4673, to obtain more information
and support. We have
legal advocates to support you through your legal
process. |
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|
CRIMINAL
CHARGES |
| |
| Victims
of domestic assault can file criminal charges.
The process is long and drawn out and can be both
physically and emotionally draining. However,
filing criminal charges shows the civil court that
you are serious, shows the court that you are a
victim of a violent crime, and assists you in
getting compensatory (money) damage for being the
victim of a violent crime. To file criminal
charges you must go to your county attorney's office
and make a written statement under oath that public
offense has been committed. At this time you
can ask the judge to order "no contact" while the
case is pending. |
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CRIME
VICTIM COMPENSATION |
| |
| This
program provides money damages to victims of violent
crimes. To qualify you must report the crime
to police within 72 hours of occurrence or within 72
hours of the time a report could reasonable have
been made. You must file a claim with the
Department of Justice usually within 180 days after
date of crime. |
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| If you
or someone you love has suffered personal injury
from violent crime, you may be eligible for help,
including compensation for: |
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