In Iowa domestic violence charges can be brought against a man or a woman who is accused of abusing an intimate partner or family member through physical, emotional, economic or sexual means. This can include forced isolation, threats, acts of physical violence, withholding money or means to get away from the abuser or ongoing degrading and devaluing of the person. The two sections of the Iowa criminal code that address domestic violence are assault and the Domestic Abuse Act.
Criminal or Civil Charges
When the police are called to a report of domestic violence one or all of the individuals involved may be placed under arrest. The victim of the crime does not need to press charges or even ask for the offender to be arrested, the police will make the determination based on the facts presented and the applicable law. The victim will be provided with information on shelters and services, as well as how to file an order of protection.
Orders of protection are civil in nature and do not carry criminal charges unless additional acts of domestic violence occur. In cases where specific type of abuse, usually physical, sexual or verbal threats, occurs criminal charges can also be pursued.
These generally include crimes under the Iowa penal code such as:
- Rape or sexual assault
- Violating an order of protection
- Stalking
- Kidnapping
- Assault
- Battery
- Terroristic threats
- Property damage
- Vandalism
- Murder
- Attempted murder
Possible Punishment
With an order of protection there is no punishment for the named individual in the case provided they follow the order. This typically includes payment of child support, moving out of the residence and avoiding contact with the person that obtained the order of protection. It may or may not limit contact with the children and may set up supervised access along with the requirement to complete a court ordered Batters Intervention Program or counseling.
With criminal charges there is a greater range of punishment options including jail time, fines, court ordered treatment or classes as well as other requirements by the court. Under federal laws those found guilty of domestic violence will be prohibited from possessing or transferring firearms and may not be able to pass federal or state job screening processes.
Getting Legal Help
Since a civil case or criminal charge of domestic violence can have a huge impact on your career, life and relationship with your children it is essential to seek qualified, experienced legal help. An attorney familiar with domestic violence laws in Iowa can advise you of your legal rights and options at each step of the process.
