IOWA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Domestic violence includes the following behaviors:
A protective order protects you from abuse by the following::
Note: Legally, same-sex couples should be able to file.
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Emergency Order
This is issued only if the courts are closed (at night or on a weekend) and lasts for 72 hours, which should be enough time to file for a temporary and/or permanent order.
You can get an emergency order by calling the domestic abuse program nearest you.
Temporary Orders
These are similar to emergency orders in almost every respect, except that they last a little bit longer. Usually you apply for a temporary order at the same time as you apply for a permanent order. The temporary order will last until you can have a full court hearing on your application for a permanent order.
A temporary order lasts until the court hearing date that a judge will assign you. Your hearing date will be for a full court hearing on your application for a permanent order. The hearing usually will take place within 15 days of your applying for the orders.
Permanent Order
These can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It lasts up to one year and may be extended after that.
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In a permanent order the court can order:
Whether a judge orders any or all of the above depends on the facts of your case
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The filing fee and court costs for an order for protection are waived for the plaintiff so it won't cost you anything to apply for an Order. It will not cost you anything to have your papers served to your abuser, either.
When an order for protection is entered by the court, the court may direct the defendant (the abuser) to pay to the clerk of court the plaintiff's filing fees and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff's fees and costs.
You do not need a lawyer to get a protective order, but it may be in your interest to hire an attorney if your abuser is represented by one.
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Violating a protective order is against the law. There are two ways to get help if your abuser violates the protective order.
Through the Police or Sheriff (Criminal)
If the abuser violates the protective order, call 911 immediately. Call the police, even if you think it is a minor violation. In some cases, the abuser can be arrested right away. Tell the officers you have a protective order and the abuser is violating it. If the abuser is arrested, then the county attorney can prosecute your abuser because it is a crime to violate a protective order. If he or she is found guilty of a violation of a protective order, the abuser may be put in jail and/or fined.
It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
Through the Civil Court System (Civil)
You may file for civil contempt for a violation of the order. You can do this even if the police do not investigate or arrest your abuser. The abuser is in "civil contempt" if he does anything that your protective order tells him not to do.
To file for civil contempt, go to the clerk's office and tell him/her you want to start contempt proceedings against the abuser. You will have to fill out some forms, which the court clerk will give you. You will also have to attend a court hearing to prove that the abuser violated the order.
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