Iowa Petition to for Restraining Order due to Domestic Violence

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Multi-State
Control #:
US-02223BG
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Word; 
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

Violation of No Contact Order in Iowa If the court finds you violated the orders, you can face anywhere from seven days to 180 days in jail for each violation. You are required to pay for each night in jail as well.

A protective order is a civil order from the court instructing a person to stop abusing, harassing, or contacting another person for a period of time. What is a no contact order? A no contact order is a court order issued in a criminal case requiring the defendant to have no contact with the alleged victim.

Victims of domestic violence have rights, pursuant to Iowa Code Section 236.12. As a domestic violence victim, you have the right to: Keep your attacker away from you, your home and your place of work. Remain in your residence.

Violation of No Contact Order in Iowa If the court finds you violated the orders, you can face anywhere from seven days to 180 days in jail for each violation. You are required to pay for each night in jail as well.

Upon a finding that the defendant has engaged in domestic abuse: 1. 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.

Domestic abuse is defined under Iowa Code section 236.2(2) as any form of assault committed between: Family or household members who resided together at the time of the assault. Separated spouses or persons divorced from each other and not residing together at the time of the assault.

The orders granted under Chapter 236 are meant to be protective. As a result, if you were served with an application for a protective order follow the terms of the temporary order carefully. Any allegation that you violated the order can result in your immediate arrest.

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Iowa Petition to for Restraining Order due to Domestic Violence