Domestic violence charges in Des Moines and throughout Polk County can be incredibly serious, often warranting jail time, hefty fines, and long-term implications for those convicted. In general, Iowa law classifies domestic abuse into different categories depending on the severity of the incident and the presence of aggravating factors. If you are facing domestic violence charges in Des Moines or anywhere in Iowa, understanding how these charges are classified and the penalties you can face is critical. In general, Iowa domestic abuse penalties will vary depending on the classification of the offense. The following blog explores what you should know about these matters, including the importance of working with a Des Moines domestic violence lawyer to represent you during these difficult times.
How Does Iowa Law Define Domestic Abuse?
Under Iowa law, domestic abuse occurs when an assault is committed against a family or household member. These charges are primarily governed by Iowa Code Chapter 236, which oversees domestic abuse, while assault charges are defined in Iowa Code §708.1.
Relationships That Qualify as “Domestic” Under Iowa Law
- Current or former spouses
- Those who share a child
- Those who currently reside in the same household
- Those who have previously resided in the same household
- Individuals in intimate relationships
- Certain family members related by blood or marriage
What Are the Types of Domestic Violence Charges in Iowa?
Iowa divides domestic abuse assault into different classifications based on the severity of the injury inflicted, whether or not prior convictions exist, and the use of force. As such, the penalties you can face will increase if aggravating factors or prior convictions are present.
Simple Domestic Abuse Assault (Simple Misdemeanor)
- Applies when the conduct does not meet the threshold for higher classification
- Potential for up to 30 days in jail
- Fines in accordance with statutory misdemeanor limitations
- May require mandatory participation in a batterer’s intervention program
- Results in a permanent criminal record
Serious Domestic Abuse Assault (Serious Misdemeanor)
- Applies when bodily or mental injury results from the attack
- Carries the potential for up to one year in jail
- Increased statutory fines
- Mandatory batterer’s intervention program participation
- Potential no-contact orders
Aggravated Domestic Abuse Assault (Aggravated Misdemeanor)
- Assault with intent to cause serious injury
- Use of or displaying a dangerous weapon
- Strangulation behavior without a qualifying felony classification
- Carries the potential for up to two years in prison
- Hefty fines
- Court-ordered treatment and supervision
Domestic Abuse Assault Strangulation (Class D Felony)
- Knowingly impeding breathing or circulation
- Applying pressure to the neck or throat
- Covering the mouth or nose
- Results in bodily injury
- Punishable by up to five years in prison
- Restriction of firearm rights under state and federal law
Penalty Enhancements for Repeat Domestic Violence Offenses in Iowa
If you are accused of domestic violence for the second or third time under Iowa law, the penalties you can face will drastically increase. This is because courts in Polk County, and across Iowa, for that matter, apply sentencing enhancements based on prior convictions.
Second and Third Offense Enhancements
- A second offense can elevate the charge to a serious or aggravated misdemeanor
- A third offense is generally classified as an aggravated misdemeanor
- Mandatory jail time may apply
- Mandatory participation in court-ordered programs may apply
- Can result in longer no-contact orders
Protective Orders Against Domestic Violence in Iowa
In the majority of domestic violence cases in Iowa, protective orders are issued against the offender. This can create serious issues regarding housing, child custody, and firearm rights.
What Can a Protective Order Require?
- No contact with the alleged victim
- Removal from a shared residence
- Temporary changes to custody and visitation, restricting access to your child
- Surrender of firearms
- Mandatory court hearings
Many protective orders in Iowa last for one year, though they may be extended under certain circumstances.
It’s also important to understand that any violation of the terms and conditions of your protective order, whether intentional or unintentional, can result in separate criminal consequences. As such, strict adherence to the terms is critical to protecting yourself.
Additional Consequences of a Domestic Violence Conviction
While a domestic violence conviction in Polk County can carry significant fines and jail time, it can also result in long-lasting implications for your personal life and reputation. Unfortunately, this is true regardless of whether or not your charge is classified as a misdemeanor or felony offense.
Long-Term Legal and Personal Impacts
- Permanent criminal record
- Loss of firearms rights under both federal and Iowa law
- Child custody implications
- Loss of professional licensing
- Immigration implications for visa-holders and non-citizens
Contact Our Experienced Des Moines Criminal Defense Firm
Herting Law, PLLC, is an Iowa-based law firm ready to assist you through the legal complications you are facing. As such, if you have been charged with a domestic violence offense in Des Moines, Polk County, or the surrounding Iowa communities, do not hesitate to contact our firm today to learn how we can represent you during these difficult times.
