Iowa Domestic Violence Laws: Charges and Penalties

Laws about domestic violence vary from state to state, but in all cases, domestic violence is a criminal charge and one that is taken seriously by the judicial system.  The charges and penalties may be different depending upon a person’s location, so if you live in the state of Iowa, you need to be familiar with the Iowa domestic violence rules. 

Felony or Misdemeanor?

Two main factors come into play when determining whether a domestic violence incident was a felony or a misdemeanor:

1. Whether or not the act was a first or a subsequent offense or if another domestic violence action had occurred within the previous 12 years, and 
2. What particular actions of violence were performed. 

In the case of a first offense, the person will usually be charged with a simple misdemeanor for a domestic abuse assault if no bodily injury or mental illness has been inflicted. If the assault was committed with the intent to seriously injure another person, or if the perpetrator used or displayed a dangerous weapon in connection to the assault, the charge may be for an aggravated misdemeanor.  If a person has committed a third or subsequent domestic abuse assault, it is considered a class “D” felony.

Penalties for Iowa Domestic Violence

There are a number of penalties associated with domestic violence offenses in Iowa:

• All misdemeanors have the same minimum penalty of 48 consecutive hours in jail, but the terms for fines and jail/prison time maximums are different.  This minimum sentence cannot be suspended by the court unless a deferred judgment has been granted.  
• The maximum jail sentence for a simple misdemeanor is 30 days, and the minimum and maximum fines are $50 and $500.  
• The maximum jail sentence for a serious misdemeanor is one year, and the minimum and maximum fines are $250 and $1,500.  
• An aggravated misdemeanor has a maximum prison sentence of two years, and the minimum and maximum fines are $500 and $5,000. 
• A Class D felony results in a one year minimum and five year maximum prison sentence, with minimum and maximum fines of $750 and $7,500.

In addition to serving jail or prison terms and paying fines, anyone convicted in Iowa of domestic abuse must undergo a Department of Correctional Services program referred to as a  "batterers education program.

Getting Legal Help

If you live within the state of Iowa and you are accused of domestic violence, you need to contact a lawyer as soon as possible. Your attorney can assist you in responding to the charges and in mounting a defense, plea bargaining or otherwise dealing with the accusation in the best way possible.