236.1 SHORT TITLE.
This chapter may be cited as the "Domestic Abuse Act". &nbSection History: Early Form
[C81, § 236.1]
236.2 DEFINITIONS.
For purposes of this chapter, unless a different meaning is
clearly indicated by the context:
1. "Department" means the department of justice.
2. "Domestic abuse" means committing assault as defined in
section 708.1 under any of the following circumstances:
a. The assault is between family or household members who
resided together at the time of the assault.
b. The assault is between separated spouses or persons
divorced from each other and not residing together at the time of the
assault.
c. The assault is between persons who are parents of the same
minor child, regardless of whether they have been married or have
lived together at any time.
d. The assault is between persons who have been family or
household members residing together within the past year and are not
residing together at the time of the assault.
e. (1) The assault is between persons who are in an intimate
relationship or have been in an intimate relationship and have had
contact within the past year of the assault. In determining whether
persons are or have been in an intimate relationship, the court may
consider the following nonexclusive list of factors:
(a) The duration of the relationship.
(b) The frequency of interaction.
(c) Whether the relationship has been terminated.
(d) The nature of the relationship, characterized by either
party's expectation of sexual or romantic involvement.
(2) A person may be involved in an intimate relationship with
more than one person at a time.
3. "Emergency shelter services" include but are not limited
to secure crisis shelters or housing for victims of domestic abuse.
4. a. "Family or household members" means spouses, persons
cohabiting, parents, or other persons related by consanguinity or
affinity.
b. "Family or household members" does not include children
under age eighteen of persons listed in paragraph "a".
5. "Intimate relationship" means a significant romantic
involvement that need not include sexual involvement. An intimate
relationship does not include casual social relationships or
associations in a business or professional capacity.
6. "Plaintiff" includes a person filing an action on behalf
of an unemancipated minor.
7. "Pro se" means a person proceeding on the person's own
behalf without legal representation.
8. "Support services" include but are not limited to legal
services, counseling services, transportation services, child care
services, and advocacy services. Section History: Early Form
[C81, § 236.2] Section History: Recent Form
85 Acts, ch 175, §2; 87 Acts, ch 154, § 1; 89 Acts, ch 279, § 2,
3; 91 Acts, ch 218, §4; 93 Acts, ch 157, §1; 95 Acts, ch 180, § 7;
2002 Acts, ch 1004, §1, 2; 2003 Acts, ch 44, §52; 2009 Acts, ch 41,
§263
Referred to in § 135B.7, 236.5, 236.13, 507B.4, 598.16, 598.41,
611.23, 708.2A, 708.2B, 804.7
236.3 COMMENCEMENT OF ACTIONS -- WAIVER TO JUVENILE
COURT.
1. A person, including a parent or guardian on behalf of an
unemancipated minor, may seek relief from domestic abuse by filing a
verified petition in the district court. Venue shall lie where
either party resides. The petition shall state the:
a. Name of the plaintiff and the name and address of the
plaintiff's attorney, if any. If the plaintiff is proceeding pro se,
the petition shall state a mailing address for the plaintiff. A
mailing address may be provided by the plaintiff pursuant to section
236.10.
b. Name and address of the parent or guardian filing the
petition, if the petition is being filed on behalf of an
unemancipated minor. A mailing address may be provided by the
plaintiff pursuant to section 236.10.
c. Name and address, if known, of the defendant.
d. Relationship of the plaintiff to the defendant.
e. Nature of the alleged domestic abuse.
f. Name and age of each child under eighteen whose welfare
may be affected by the controversy.
g. Desired relief, including a request for temporary or
emergency orders.
2. A temporary or emergency order shall be based on a showing of
a prima facie case of domestic abuse. If the factual basis for the
alleged domestic abuse is contested, the court shall issue a
protective order based upon a finding of domestic abuse by a
preponderance of the evidence.
3. The filing fee and court costs for an order for protection and
in a contempt action under this chapter shall be waived for the
plaintiff. The clerk of court, the sheriff of any county in this
state, and other law enforcement and corrections officers shall
perform their duties relating to service of process without charge to
the plaintiff. When an order for protection is entered by the court,
the court may direct the defendant to pay to the clerk of court the
fees for the filing of the petition and reasonable costs of service
of process if the court determines the defendant has the ability to
pay the plaintiff's fees and costs.
4. If the person against whom relief from domestic abuse is being
sought is seventeen years of age or younger, the district court shall
waive its jurisdiction over the action to the juvenile court. Section History: Early Form
[C81, § 236.3] Section History: Recent Form
85 Acts, ch 175, § 3; 86 Acts, ch 1237, § 12; 91 Acts, ch 218, §5;
95 Acts, ch 180, § 8--10; 96 Acts, ch 1034, § 12; 2000 Acts, ch 1119,
§1; 2001 Acts, ch 43, §1; 2002 Acts, ch 1004, §3; 2002 Acts, ch 1119,
§36; 2003 Acts, ch 44, §53; 2003 Acts, ch 151, §7; 2009 Acts, ch 41,
§263
Referred to in § 232.8, 236.6, 236.19, 598.16, 598.41, 915.50
236.3A PLAINTIFFS PROCEEDING PRO SE -- PROVISION OF
FORMS AND ASSISTANCE.
1. The department shall prescribe standard forms to be used by
plaintiffs seeking protective orders by proceeding pro se in actions
under this chapter. The standard forms shall include language in
fourteen point boldface type. Standard forms prescribed by the
department shall be the exclusive forms used by plaintiffs proceeding
pro se, and may be used by other plaintiffs. The department shall
distribute the forms to the clerks of the district courts.
2. The clerk of the district court shall furnish the required
forms to persons seeking protective orders through pro se proceedings
pursuant to this chapter. Section History: Recent Form
91 Acts, ch 218, §6; 2004 Acts, ch 1131, §1
Referred to in § 232.8, 915.50
236.3B ASSISTANCE BY COUNTY ATTORNEY.
A county attorney's office may provide assistance to a person
wishing to initiate proceedings pursuant to this chapter or to a
plaintiff at any stage of a proceeding under this chapter, if the
individual does not have sufficient funds to pay for legal assistance
and if the assistance does not create a conflict of interest for the
county attorney's office. The assistance provided may include, but
is not limited to, assistance in obtaining or completing forms,
filing a petition or other necessary pleading, presenting evidence to
the court, and enforcing the orders of the court entered pursuant to
this chapter. Providing assistance pursuant to this section shall
not be considered the private practice of law for the purposes of
section 331.752. Section History: Recent Form
93 Acts, ch 157, §2
Referred to in § 232.8, 915.50
236.4 HEARINGS -- TEMPORARY ORDERS.
1. Not less than five and not more than fifteen days after
commencing a proceeding and upon notice to the other party, a hearing
shall be held at which the plaintiff must prove the allegation of
domestic abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to
protect the plaintiff from domestic abuse prior to the hearing, upon
good cause shown in an ex parte proceeding. Present danger of
domestic abuse to the plaintiff constitutes good cause for purposes
of this subsection.
3. If a hearing is continued, the court may make or extend any
temporary order under subsection 2 that it deems necessary.
4. Upon application of a party, the court shall issue subpoenas
requiring attendance and testimony of witnesses and production of
papers.
5. The court shall advise the defendant of a right to be
represented by counsel of the defendant's choosing and to have a
continuance to secure counsel.
6. Hearings shall be recorded. Section History: Early Form
[C81, § 236.4] Section History: Recent Form
93 Acts, ch 157, §3
Referred to in § 232.8, 236.6, 915.50
236.5 DISPOSITION.
1. Upon a finding that the defendant has engaged in domestic
abuse:
a. The court may order that the plaintiff, the defendant, and
the children who are members of the household receive professional
counseling, either from a private source approved by the court or
from a source appointed by the court. Costs of counseling shall be
paid in full or in part by the parties and taxed as court costs. If
the court determines that the parties are unable to pay the costs,
they may be paid in full or in part from the county treasury.
b. The court may grant a protective order or approve a
consent agreement which may contain but is not limited to any of the
following provisions:
(1) That the defendant cease domestic abuse of the plaintiff.
(2) That the defendant grant possession of the residence to the
plaintiff to the exclusion of the defendant or that the defendant
provide suitable alternate housing for the plaintiff.
(3) That the defendant stay away from the plaintiff's residence,
school, or place of employment.
(4) The awarding of temporary custody of or establishing
temporary visitation rights with regard to children under eighteen.
(a) In awarding temporary custody or temporary visitation rights,
the court shall give primary consideration to the safety of the
victim and the children.
(b) If the court finds that the safety of the victim or the
children will be jeopardized by unsupervised or unrestricted
visitation, the court shall condition or restrict visitation as to
time, place, duration, or supervision, or deny visitation entirely,
as needed to guard the safety of the victim and the children.
(c) The court shall also investigate whether any other existing
orders awarding custody or visitation rights should be modified.
(5) Unless prohibited pursuant to 28 U.S.C. § 1738B, that the
defendant pay the clerk a sum of money for the separate support and
maintenance of the plaintiff and children under eighteen.
2. An order for counseling, a protective order, or approved
consent agreement shall be for a fixed period of time not to exceed
one year. The court may amend or extend its order or a consent
agreement at any time upon a petition filed by either party and after
notice and hearing. The court may extend the order if the court,
after hearing at which the defendant has the opportunity to be heard,
finds that the defendant continues to pose a threat to the safety of
the victim, persons residing with the victim, or members of the
victim's immediate family. At the time of the extension, the parties
need not meet the requirement in section 236.2, subsection 2,
paragraph "d", that the parties lived together during the last
year if the parties met the requirements of section 236.2, subsection
2, paragraph "d", at the time of the original order. The number
of extensions that can be granted by the court is not limited.
3. The order shall state whether a person is to be taken into
custody by a peace officer for a violation of the terms stated in the
order.
4. The court may order that the defendant pay the plaintiff's
attorney fees and court costs.
5. An order or consent agreement under this section shall not
affect title to real property.
6. A copy of any order or approved consent agreement shall be
issued to the plaintiff, the defendant, the county sheriff of the
county in which the order or consent decree is initially entered, and
the twenty-four-hour dispatcher for the county sheriff. Any
subsequent amendment or revocation of an order or consent agreement
shall be forwarded by the clerk to all individuals and the county
sheriff previously notified.
7. The clerk shall notify the county sheriff and the
twenty-four-hour dispatcher for the county sheriff in writing so that
the county sheriff and the county sheriff's dispatcher receive
written notice within six hours of filing the order, approved consent
agreement, amendment, or revocation. The clerk may fulfill this
requirement by sending the notice by facsimile or other electronic
transmission which reproduces the notice in writing within six hours
of filing the order.
8. The county sheriff's dispatcher shall notify all law
enforcement agencies having jurisdiction over the matter and the
twenty-four-hour dispatcher for the law enforcement agencies upon
notification by the clerk. Section History: Early Form
[C81, § 236.5] Section History: Recent Form
83 Acts, ch 123, § 93, 209; 86 Acts, ch 1179, § 1; 87 Acts, ch
154, § 2, 3; 89 Acts, ch 85, §1; 91 Acts, ch 218, §7, 8; 91 Acts, ch
219, §3; 93 Acts, ch 157, §4; 95 Acts, ch 180, § 11; 96 Acts, ch
1019, § 1; 97 Acts, ch 175, § 228; 99 Acts, ch 57, §1; 2006 Acts, ch
1129, §2; 2008 Acts, ch 1032, §39, 40; 2009 Acts, ch 133, §222
Referred to in § 236.6, 236.19, 331.424, 598.16, 598.41, 598.42,
664A.4, 708.2A, 915.22, 915.50
For restrictions concerning issuance of mutual protective orders,
see § 236.20
236.6 EMERGENCY ORDERS.
1. When the court is unavailable from the close of business at
the end of the day or week to the resumption of business at the
beginning of the day or week, a petition may be filed before a
district judge, or district associate judge designated by the chief
judge of the judicial district, who may grant emergency relief in
accordance with section 236.5, subsection 1, paragraph "b", if
the district judge or district associate judge deems it necessary to
protect the plaintiff from domestic abuse, upon good cause shown in
an ex parte proceeding. Present danger of domestic abuse to the
plaintiff constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire
seventy-two hours after issuance. When the order expires, the
plaintiff may seek a temporary order from the court pursuant to
section 236.4.
3. A petition filed and emergency order issued under this section
and any documentation in support of the petition and order shall be
immediately certified to the court. The certification shall commence
a proceeding for purposes of section 236.3. Section History: Early Form
[C81, § 236.6] Section History: Recent Form
2009 Acts, ch 133, §231
Referred to in § 232.8, 598.16, 598.41, 915.50
236.7 PROCEDURE.
1. A proceeding under this chapter shall be held in accordance
with the rules of civil procedure, except as otherwise set forth in
this chapter and in chapter 664A, and is in addition to any other
civil or criminal remedy.
2. The plaintiff's right to relief under this chapter is not
affected by leaving the residence or household to avoid domestic
abuse. Section History: Early Form
[C81, § 236.7] Section History: Recent Form
2006 Acts, ch 1101, §1
Referred to in §915.50
236.8 VIOLATION OF ORDER -- CONTEMPT -- PENALTIES --
HEARINGS. Repealed by 2006 Acts, ch 1101, § 21. See § 664A.7.
236.9 DOMESTIC ABUSE INFORMATION.
Criminal or juvenile justice agencies, as defined in section
692.1, shall collect and maintain information on incidents involving
domestic abuse and shall provide the information to the department of
public safety in the manner prescribed by the department of public
safety.
The department of public safety may compile statistics and issue
reports on domestic abuse in Iowa, provided individual identifying
details of the domestic abuse are deleted. The statistics and
reports may include nonidentifying information on the personal
characteristics of perpetrators and victims. The department of
public safety may request the cooperation of the department of
justice in compiling the statistics and issuing the reports. The
department of public safety may provide nonidentifying information on
individual incidents of domestic abuse to persons conducting bona
fide research, including but not limited to personnel of the
department of justice. Section History: Early Form
[C81, § 236.9] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 85 Acts, ch 175, §4; 89 Acts, ch 279,
§4; 91 Acts, ch 19, §1; 96 Acts, ch 1034, § 13
Referred to in §915.50
236.10 PLAINTIFF'S ADDRESS -- CONFIDENTIALITY OF
RECORDS.
1. A person seeking relief from domestic abuse under this chapter
may use any of the following addresses as a mailing address for
purposes of filing a petition under this chapter, as well as for the
purpose of obtaining any utility or other service:
a. The mailing address of a shelter or other agency.
b. A public or private post office box.
c. Any other mailing address, with the permission of the
resident of that address.
2. A person shall report any change of address, whether
designated according to subsection 1 or otherwise, to the clerk of
court no more than five days after the previous address on record
becomes invalid.
3. The entire file or a portion of the file in a domestic abuse
case shall be sealed by the clerk of court as ordered by the court to
protect the privacy interest or safety of any person.
4. Notwithstanding subsection 3, court orders and support payment
records shall remain public records, although the court may order
that address and location information be redacted from the public
records. Section History: Early Form
[C81, § 236.10] Section History: Recent Form
97 Acts, ch 175, §229; 98 Acts, ch 1170, §1; 2000 Acts, ch 1119,
§2; 2000 Acts, ch 1132, §1
Referred to in § 236.3, 915.50
236.11 DUTIES OF PEACE OFFICER -- MAGISTRATE.
A peace officer shall use every reasonable means to enforce an
order or court-approved consent agreement entered under this chapter,
a temporary or permanent protective order or order to vacate the
homestead under chapter 598, an order that establishes conditions of
release or is a protective order or sentencing order in a criminal
prosecution arising from a domestic abuse assault, or a protective
order under chapter 232. If a peace officer has reason to believe
that domestic abuse has occurred, the peace officer shall ask the
abused person if any prior orders exist, and shall contact the
twenty-four hour dispatcher to inquire if any prior orders exist. If
a peace officer has probable cause to believe that a person has
violated an order or approved consent agreement entered under this
chapter, a temporary or permanent protective order or order to vacate
the homestead under chapter 598, an order establishing conditions of
release or a protective or sentencing order in a criminal prosecution
arising from a domestic abuse assault, or, if the person is an adult,
a violation of a protective order under chapter 232, the peace
officer shall take the person into custody and shall take the person
without unnecessary delay before the nearest or most accessible
magistrate in the judicial district in which the person was taken
into custody. The magistrate shall make an initial preliminary
determination whether there is probable cause to believe that an
order or consent agreement existed and that the person taken into
custody has violated its terms. The magistrate's decision shall be
entered in the record.
If a peace officer has probable cause to believe that a person has
violated an order or approved consent agreement entered under this
chapter, a temporary or permanent protective order or order to vacate
the homestead under chapter 598, an order establishing conditions of
release or a protective or sentencing order in a criminal prosecution
arising from a domestic abuse assault, or a protective order under
chapter 232, and the peace officer is unable to take the person into
custody within twenty-four hours of making the probable cause
determination, the peace officer shall either request a magistrate to
make a determination as to whether a rule to show cause or arrest
warrant should be issued, or refer the matter to the county attorney.
If the magistrate finds probable cause, the magistrate shall order
the person to appear either before the court which issued the
original order or approved the consent agreement, or before the court
in the jurisdiction where the alleged violation took place, at a
specified time not less than five days nor more than fifteen days
after the initial appearance under this section. The magistrate
shall cause the original court to be notified of the contents of the
magistrate's order.
A peace officer shall not be held civilly or criminally liable for
acting pursuant to this section provided that the peace officer acts
in good faith, on probable cause, and the officer's acts do not
constitute a willful and wanton disregard for the rights or safety of
another. Section History: Early Form
[C81, § 236.11] Section History: Recent Form
86 Acts, ch 1179, § 2; 87 Acts, ch 154, §5; 88 Acts, ch 1065, §2;
88 Acts, ch 1218, §17, 18; 91 Acts, ch 218, §10; 93 Acts, ch 157, §6;
96 Acts, ch 1134, § 4; 2004 Acts, ch 1131, §3
Referred to in § 664A.3, 664A.6, 664A.7
236.12 PREVENTION OF FURTHER ABUSE -- NOTIFICATION OF
RIGHTS -- ARREST -- LIABILITY.
1. If a peace officer has reason to believe that domestic abuse
has occurred, the officer shall use all reasonable means to prevent
further abuse including but not limited to the following:
a. If requested, remaining on the scene as long as there is a
danger to an abused person's physical safety without the presence of
a peace officer, including but not limited to staying in the dwelling
unit, or if unable to remain on the scene, assisting the person in
leaving the residence.
b. Assisting an abused person in obtaining medical treatment
necessitated by an assault, including providing assistance to the
abused person in obtaining transportation to the emergency room of
the nearest hospital.
c. Providing an abused person with immediate and adequate
notice of the person's rights. The notice shall consist of handing
the person a document that includes the telephone numbers of
shelters, support groups, and crisis lines operating in the area and
contains a copy of the following statement written in English and
Spanish; asking the person to read the card; and asking whether the
person understands the rights:
"You have the right to ask the court for the following help on a
temporary basis:
(1) Keeping your attacker away from you, your home and your place
of work.
(2) The right to stay at your home without interference from your
attacker.
(3) Getting custody of children and obtaining support for
yourself and your minor children if your attacker is legally required
to provide such support.
(4) Professional counseling for you, the children who are members
of the household, and the defendant.
You have the right to seek help from the court to seek a
protective order with or without the assistance of legal
representation. You have the right to seek help from the courts
without the payment of court costs if you do not have sufficient
funds to pay the costs.
You have the right to file criminal charges for threats, assaults,
or other related crimes.
You have the right to seek restitution against your attacker for
harm to yourself or your property.
If you are in need of medical treatment, you have the right to
request that the officer present assist you in obtaining
transportation to the nearest hospital or otherwise assist you.
If you believe that police protection is needed for your physical
safety, you have the right to request that the officer present remain
at the scene until you and other affected parties can leave or until
safety is otherwise ensured."
2. a. A peace officer may, with or without a warrant, arrest
a person under section 708.2A, subsection 2, paragraph "a", if,
upon investigation, including a reasonable inquiry of the alleged
victim and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed which did
not result in any injury to the alleged victim.
b. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "b", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed which
resulted in the alleged victim's suffering a bodily injury.
c. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "c", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed with the
intent to inflict a serious injury.
d. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "c", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed and that the
alleged abuser used or displayed a dangerous weapon in connection
with the assault.
3. As described in subsection 2, paragraph "b", "c", or
"d", the peace officer shall arrest the person whom the peace
officer believes to be the primary physical aggressor. The duty of
the officer to arrest extends only to those persons involved who are
believed to have committed an assault. Persons acting with
justification, as defined in section 704.3, are not subject to
mandatory arrest. In identifying the primary physical aggressor, a
peace officer shall consider the need to protect victims of domestic
abuse, the relative degree of injury or fear inflicted on the persons
involved, and any history of domestic abuse between the persons
involved. A peace officer's identification of the primary physical
aggressor shall not be based on the consent of the victim to any
subsequent prosecution or on the relationship of the persons involved
in the incident, and shall not be based solely upon the absence of
visible indications of injury or impairment.
4. A peace officer is not civilly or criminally liable for
actions pursuant to this section taken in good faith. Section History: Recent Form
84 Acts, ch 1258, § 1; 85 Acts, ch 175, § 5; 86 Acts, ch 1179, §
3; 87 Acts, ch 154, § 6; 89 Acts, ch 85, § 2; 90 Acts, ch 1056, § 1,
2; 91 Acts, ch 218, § 11; 92 Acts, ch 1163, § 52; 2009 Acts, ch 133,
§93, 94
Referred to in § 236.16, 236.17, 664A.3, 664A.6, 804.7, 915.50
236.13 PROHIBITION AGAINST REFERRAL.
In a criminal action arising from domestic abuse, as defined in
section 236.2, the prosecuting attorney or court shall not refer or
order the parties involved to mediation or other nonjudicial
procedures prior to judicial resolution of the action. Section History: Recent Form
86 Acts, ch 1179, § 4
236.14 INITIAL APPEARANCE REQUIRED -- CONTACT TO BE
PROHIBITED -- EXTENSION OF NO-CONTACT ORDER. Repealed by 2006
Acts, ch 1101, § 21. See chapter 664A.
236.15 APPLICATION FOR DESIGNATION AND FUNDING AS A
PROVIDER OF SERVICES FOR VICTIMS OF DOMESTIC ABUSE.
Upon receipt of state or federal funding designated for victims of
domestic abuse by the department, a public or private nonprofit
organization may apply to the department for designation and funding
as a provider of emergency shelter services and support services to
victims of domestic abuse or sexual assault. The application shall
be submitted on a form prescribed by the department and shall
include, but not be limited to, information regarding services to be
provided, budget, and security measures. Section History: Recent Form
85 Acts, ch 175, §6; 89 Acts, ch 279, §5; 91 Acts, ch 218, §13
236.15A Repealed by 97 Acts, ch 158, § 48; 97 Acts,
ch 209, § 13, 15.
236.15B INCOME TAX CHECKOFF FOR DOMESTIC ABUSE
SERVICES. Repealed by 2003 Acts, ch 44, § 111.
236.16 DEPARTMENT POWERS AND DUTIES.
1. The department shall:
a. Designate and award grants for existing and pilot programs
pursuant to this chapter to provide emergency shelter services and
support services to victims of domestic abuse.
b. Design and implement a uniform method of collecting data
from domestic abuse organizations funded under this chapter.
c. Designate and award moneys for publicizing and staffing a
statewide, toll-free telephone hotline for use by victims of domestic
abuse. The department may award a grant to a public agency or a
private, nonprofit organization for the purpose of operating the
hotline. The operation of the hotline shall include informing
victims of their rights and of various community services that are
available, referring victims to service providers, receiving
complaints concerning misconduct by peace officers and encouraging
victims to refer such complaints to the office of citizens' aide,
providing counseling services to victims over the telephone, and
providing domestic abuse victim advocacy.
d. Advertise the toll-free telephone hotline through the use
of public service announcements, billboards, print and broadcast
media services, and other appropriate means, and contact media
organizations to encourage the provision of free or inexpensive
advertising concerning the hotline and its services.
e. Develop, with the assistance of the entity operating the
telephone hotline and other domestic abuse victim services providers,
brochures explaining the rights of victims set forth under section
236.12 and the services of the telephone hotline, and distribute the
brochures to law enforcement agencies, victim service providers,
health practitioners, charitable and religious organizations, and
other entities that may have contact with victims of domestic abuse.
2. The department shall consult and cooperate with all public and
private agencies which may provide services to victims of domestic
abuse, including but not limited to, legal services, social services,
prospective employment opportunities, and unemployment benefits.
3. The department may accept, use, and dispose of contributions
of money, services, and property made available by an agency or
department of the state or federal government, or a private agency or
individual. Section History: Recent Form
85 Acts, ch 175, §7; 89 Acts, ch 279, §6; 91 Acts, ch 218, §15
236.17 DOMESTIC ABUSE TRAINING REQUIREMENTS.
The department, in cooperation with victim service providers,
shall work with various professional organizations to encourage
organizations to establish training programs for professionals who
work in the area of domestic abuse prevention and services. Domestic
abuse training may include, but is not limited to, the following
areas:
1. The enforcement of both civil and criminal remedies in
domestic abuse matters.
2. The nature, extent, and causes of domestic abuse.
3. The legal rights and remedies available to domestic abuse
victims, including crime victim compensation.
4. Services available to domestic abuse victims and their
children, including the domestic abuse telephone hotline.
5. The mandatory arrest provisions of section 236.12, and other
duties of peace officers pursuant to this chapter.
6. Techniques for intervention in domestic abuse cases. Section History: Recent Form
91 Acts, ch 218, §16; 91 Acts, ch 219, §33
236.18 REFERENCE TO CERTAIN CRIMINAL PROVISIONS.
In addition to the criminal penalties contained in this chapter,
certain criminal penalties and provisions pertaining to domestic
abuse assaults are set forth in sections 708.2A and 708.2B. Section History: Recent Form
91 Acts, ch 218, §17
236.19 FOREIGN PROTECTIVE ORDERS -- REGISTRATION --
ENFORCEMENT.
1. As used in this section, "foreign protective order" means
a protective order entered by a court of another state, Indian tribe,
or United States territory that would be an order or court-approved
consent agreement entered under this chapter, a temporary or
permanent protective order or order to vacate the homestead under
chapter 598, or an order that establishes conditions of release or is
a protective order or sentencing order in a criminal prosecution
arising from a domestic abuse assault if it had been entered in Iowa.
2. A certified or authenticated copy of a permanent foreign
protective order may be filed with the clerk of the district court in
any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the
order was entered may be present.
a. The clerk shall file foreign protective orders that are
not certified or authenticated, if supported by an affidavit of a
person with personal knowledge, subject to the penalties for perjury.
The person protected by the order may provide this affidavit.
b. The clerk shall provide copies of the order as required by
section 236.5, except that notice shall not be provided to the
respondent without the express written direction of the person in
whose favor the order was entered.
3. a. A valid foreign protective order has the same effect
and shall be enforced in the same manner as a protective order issued
in this state whether or not filed with a clerk of court or otherwise
placed in a registry of protective orders.
b. A foreign protective order is valid if it meets all of the
following:
(1) The order states the name of the protected individual and the
individual against whom enforcement is sought.
(2) The order has not expired.
(3) The order was issued by a court or tribunal that had
jurisdiction over the parties and subject matter under the law of the
foreign jurisdiction.
(4) The order was issued in accordance with the respondent's due
process rights, either after the respondent was provided with
reasonable notice and an opportunity to be heard before the court or
tribunal that issued the order, or in the case of an ex parte order,
the respondent was granted notice and opportunity to be heard within
a reasonable time after the order was issued.
c. Proof that a foreign protective order failed to meet all
of the factors listed in paragraph "b" shall be an affirmative
defense in any action seeking enforcement of the order.
4. A peace officer shall treat a foreign protective order as a
valid legal document and shall make an arrest for a violation of the
foreign protective order in the same manner that a peace officer
would make an arrest for a violation of a protective order issued
within this state.
a. The fact that a foreign protective order has not been
filed with the clerk of court or otherwise placed in a registry shall
not be grounds to refuse to enforce the terms of the order unless it
is apparent to the officer that the order is invalid on its face.
b. A peace officer acting reasonably and in good faith in
connection with the enforcement of a foreign protective order shall
be immune from civil and criminal liability in any action arising in
connection with such enforcement.
5. Filing and service costs in connection with foreign protective
orders are waived as provided in section 236.3. Section History: Recent Form
95 Acts, ch 180, §13; 99 Acts, ch 57, §2; 2000 Acts, ch 1132, §2;
2001 Acts, ch 43, §2
Referred to in § 664A.1
236.20 MUTUAL PROTECTIVE ORDERS PROHIBITED --
EXCEPTIONS.
A court in an action under this chapter shall not issue mutual
protective orders against the victim and the abuser unless both file
a petition requesting a protective order. Section History: Recent Form
95 Acts, ch 180, §14