According to the National Coalition Against Domestic Violence (NCADV), more than 10 million individuals suffer some type of domestic violence incident every year. This breaks down to one in four women and one in ten men. Iowans are among them. Iowa, like all states, has created laws criminalizing various types of domestic abuse and established the use of protective orders (also called restraining orders) to protect victims and their children from further violence. The law defining domestic violence is under Assault, Code 708.2A. Under Iowa law, police officers can make arrests when called to a home where they have a reasonable belief that some type of domestic abuse crime has occurred.
Domestic violence crimes can involve shoving, punching, slapping, kicking, or any physical contact meant to hurt the victim, threats along with an ability to carry them out, unwanted sexual contact, and stalking.
Need a protective order or to contest one in Des Moines? Contact Hope Law Firm at (515) 305-2772 to arrange to speak with one of our experienced attorneys about your case.
More About Domestic Abuse
Domestic violence is considered a special type of assault that is committed between the following individuals:
- Spouses and ex-spouses
- Individuals who have a child in common
- Individuals who live together
- Individuals who lived together within a year prior to the assault
- Individuals who have an intimate relationship
Protective Orders
A common part of domestic violence cases results in a protective order issued through the courts ordering the abuser to cease with any further abusive actions. These orders can be issued as criminal no-contact orders or as civil protective orders. These orders can be sought by abused victims for their own protection or for the protection of a minor child. They are done through an application to the court after which a hearing is conducted. In the hearing, a judge will hear evidence from both sides regarding the matter of the abuse.
Protective orders can do the following:
- Prohibit the abuser from making any kind of contact with the victim, whether in-person contact, via phone, text, email, or letter
- Give possession of the shared residence to the victim (ordering the abuser to vacate)
- Award temporary child custody to the victim
- Award financial support to the victim and/or children
- Prohibit the abuser from the possession of firearms
- Order professional counseling for the abuser, victim, and any children
- Award attorney fees and court costs to the victim
Protective orders commonly remain in effect for a year but can be extended. Protective orders can also be granted on a temporary or emergency basis before a full hearing in held. This is done without the abuser being seen by the judge who issues the order. A full hearing is then conducted shortly thereafter. These temporary orders are issued when the victim claims that he or she is at risk and remain in effect until the full hearing can be held.
An individual who violates a protective order can be arrested and charged with a misdemeanor that carries penalties of up to 30 days in jail and a fine that could range up to $625.
Hope Law Firm Provides Experienced Legal Help
If you need a protective order due to the breakdown of your marriage or intimate relationship, you can turn to Hope Law Firm. We serve individuals and families in Des Moines and throughout the state. Our legal team of skilled litigators works tirelessly to ensure that your case is handled efficiently and effectively and that your best interests and those of your children are well served. Our team has litigated more than 1,000 cases involving divorce and child custody. We are well-versed in all of the statutes pertaining to family law and provide professional and sensitive support throughout all phases of your case.
Contact us for legal representation regarding a protective order, divorce, custody, or other family law matter at (515) 305-2772 today.