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Protective Orders Against Domestic Violence

If you have been charged with domestic violence in Iowa, you will have generally 15 days to retain the services of an experienced lawyer after an application for a protective order is filed against you. If you have been found guilty of an act of domestic violence, a protective order will likely be issued to you among other penalties. A protective order will prevent you from seeing or contacting the victim. It will also require you to turn over your shared residence to the victim and may affect your child custody agreement. These protective orders will generally last one year, though they can be extended. You will likely face additional criminal penalties if you are caught violating a protective order.

What are the different types of domestic violence charges in Iowa?

The different types of domestic violence charges in Iowa are as follows:

  • Simple domestic abuse assault: All domestic charges that are not otherwise classified. This is considered a simple misdemeanor.
  • Serious domestic abuse assault: Any domestic assault that causes bodily injury or mental illness. This is considered a serious misdemeanor.
  • Aggravated domestic abuse assault: Any domestic abuse committed with the intent to inflict a serious injury upon another. If the individual uses or displays a dangerous weapon in connection with the assault, this is also considered aggravated domestic abuse assault. 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 is also aggravated domestic abuse assault. Aggravated domestic abuse assault is an aggravated misdemeanor.
  • Domestic abuse assault strangulation: 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 is considered domestic abuse assault strangulation. This is a Class D felony.

A second offense domestic violence charge could be considered a serious or aggravated misdemeanor. This will depend on the circumstance of the first conviction. A third offense is an aggravated misdemeanor. Domestic violence charges will also require court-ordered batterer’s intervention at the individual’s expense.

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