Des Moines Domestic Violence Lawyer

Why Hire a Domestic Violence Lawyer?

In many cases, when an officer knocks on your door while responding to a call of alleged domestic violence, he or she does not need a warrant to come in. As long as the officer has probable cause to believe that such an act has occurred, he or she may arrest you. For example, if you are holding a weapon, if someone is injured, or it appears that you intended to injure someone, you will most likely be arrested on charges of domestic violence. However, we understand that these cases often may not be as they appear, and if you've been wrongfully accused of domestic violence, you need a skilled attorney on your side.

Protective Orders Filed Against Those Charged With Domestic Violence

In Iowa, a hearing on an application for a protective order is held no fewer than five and no more than fifteen days after the proceeding begins, and a temporary order may be entered before that hearing. If at your hearing, you are found guilty of an act of domestic violence, you will most likely be issued a protective order, among other penalties. A protective order may prevent you from seeing or contacting the victim, it may require you to turn over your shared residence to the victim, and it may affect your child custody agreement. These are just some of the ramifications a protective order can have on your life. Though these generally last one year, the number of extensions the court may grant is not limited. If you are caught violating a protective order, you will most likely face additional criminal penalties.

Different Types of Domestic Violence Charges

• Simple domestic abuse assault (a simple misdemeanor): a catch-all for all domestic charges that are not otherwise classified.
• Serious domestic abuse assault (a serious misdemeanor): any domestic assault that causes bodily injury or mental illness.
• Aggravated domestic abuse assault (an aggravated misdemeanor): any domestic abuse committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. Aggravated domestic abuse assault may also be committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
• Domestic abuse assault strangulation (a Class D felony): For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury.

There are also enhancements for second and third domestic violence offenses. A second offense could be a serious or aggravated misdemeanor, depending on the circumstances of the first conviction. A third or subsequent offense is a Class D felony. You should also note that upon conviction of a domestic violence charge, you will most likely have to attend court-ordered batterer's intervention, typically at your own cost. Our Des Moines criminal defense lawyer is here to help.

Iowa Domestic Abuse Assault Mandatory Minimums

Under Iowa Code section 708.2A, every first or second domestic abuse assault conviction carries a mandatory minimum of two days in jail. That term must be served on consecutive days, cannot be suspended, and the court cannot impose a fine in place of it. A prior conviction counts as a previous offense only if it occurred within the past twelve years.

Des Moines Domestic Violence FAQ

Is a first domestic abuse assault charge a felony in Iowa?

Usually not. A first offense is a simple misdemeanor by default, or a serious misdemeanor if it causes bodily injury or mental illness. It becomes a Class D felony if the victim is known to be pregnant.

Contact a Des Moines Domestic Violence Lawyer

Domestic violence charges can break up a family and ruin an individual's reputation, and if you are currently facing such charges, our firm is here to help defend you at every turn. Contact Herting Law, PLLC today to schedule your initial consultation.