Iowa Domestic Violence Laws

Iowa's domestic violence (abuse) laws aim to protect people from violence committed by their family members and other people they live with, or have an intimate relationship with. A person who commits domestic abuse can face arrest, criminal charges, incarceration, protection orders, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic abuse or is interested in understanding the law. Read on to learn about domestic abuse laws in Iowa and the penalties for violating them.

What Is Considered Domestic Abuse in Iowa?

Iowa's laws define "domestic abuse" as an assault that's committed between:

• "family or household members" who reside or have resided together in the past year
• separated or divorced spouses
• parents of the same child, or
• persons currently or formerly in an "intimate relationship" who've been in contact within the past year.

Family and household members include spouses, cohabitants, parents, and persons related by blood or marriage.

An intimate relationship is a significant romantic involvement, whether or not sexual relations occur.

Iowa's definition of assault is broad. It includes acts that cause physical harm to another, but it can also include threatened or attempted harm. So, hitting or making offensive physical contact with another is assault. It's also an assault to point a weapon at someone or threaten to injure them.

(Iowa Code §§ 236.2, 708.2A (2024).)

Understanding Domestic Abuse Assault Charges and Penalties in Iowa

A person who assaults a current or former spouse or intimate partner, cohabitant, person related by blood or marriage, or parent with whom they share a child commits "domestic abuse assault."

The sentence for a domestic abuse assault depends on several factors, including the level or risk of harm to the victim, whether a weapon was involved, and a defendant's record of prior domestic assaults. Below are the penalties for domestic abuse assault based on whether the defendant is a first-time or repeat offender.

Penalties for First Offense of Domestic Abuse Assault

Domestic abuse assault starts as a simple misdemeanor, punishable by up to 30 days in jail and a fine of $105 to $855. If the victim suffers bodily injury or mental illness from the assault, the offense is a serious misdemeanor, punishable by up to one year in jail and a fine of $430 to $2,565.

Domestic abuse assault increases to an aggravated misdemeanor if the defendant:

• intended to inflict serious injury on the victim
• was armed with a dangerous weapon, or
• tried to strangle or suffocate the victim.

An aggravated misdemeanor is punishable by up to two years in jail and a fine of $855 to $8,540. However, if the defendant knew or should have known the victim was pregnant, the penalty increases to a class D felony, punishable by up to five years of prison time and a fine of $1,025 to $10,245.

Penalties for Second Offense of Domestic Abuse Assault

Defendants facing a second conviction for domestic abuse assault will face enhanced penalties based on the seriousness of the first and second convictions. In most instances, a second conviction will increase the penalty level by one degree (and sometimes two). For instance, a second simple misdemeanor conviction for domestic abuse assault becomes a serious misdemeanor.

Penalties for Third Offense of Domestic Abuse Assault

Third and subsequent offenses for domestic abuse assault are class D felonies, punishable by up to five years imprisonment and a fine of $1,025 to $10,245.

Minimum Sentences and Batterer's Intervention Treatment

Minimum sentences apply to any domestic abuse assault conviction. For a first or second conviction, the judge must order the defendant to serve at least two consecutive days behind bars. For third and subsequent convictions, the law sets out a formula for the minimum time to be served.

Judges must also order first- and second-time offenders to participate in a batterer's treatment program, including those offenders who receive a deferred judgment.

(Iowa Code §§ 236.12, 708.2A, 708.2B, 902.9, 902.13, 903.1 (2024).)

Protective Orders in Iowa Domestic Abuse Cases

Regardless of whether a criminal case is pending, a victim of domestic abuse can ask a judge in civil court for a protective order. A protective order directs the abuser to stop the abuse, stay away from the victim, and not contact the victim. It can also direct the abusing party to move out of a shared home and surrender any firearms.

Violating a domestic abuse protective order is a simple misdemeanor. It carries a sentence of up to 30 days in jail and a fine of $105 to $855. It's also considered contempt of court (violating a court's order), which can result in a minimum seven-day jail sentence.

(Iowa Code §§ 236.2, 236.4, 236.5, 664A.7, 708.2A (2024).)

Arrest, Bail, and Firearm Restrictions in Iowa Domestic Violence Cases

Iowa officers can arrest anyone suspected of domestic violence or violating a domestic violence protective order, but as explained below, they must arrest DV suspects in certain types of cases. Bail might be available, depending on the charges and other circumstances. In the typical domestic violence case, the defendant will be banned from having a gun.

Arrests for DV or Protective Order Violations in Iowa

When officers have probable cause to suspect domestic abuse, they can arrest the alleged perpetrator without a warrant even if there's no injury. "Probable cause" is a reasonable belief that a crime has occurred.

In some circumstances, the officer is required by law to arrest someone for domestic violence. An officer must make an arrest if there's probable cause to believe the suspect:

• injured the victim
• strangled or suffocated the victim
• used or brandished a dangerous weapon, or
• intended to cause serious bodily injury.

Mandatory arrest policies also apply when an officer believes a suspect violated a protective order.

(Iowa Code §§ 236.11, 236.12, 702.7 (2024).)

Bail in Iowa DV Cases

Defendants can't get bail in Iowa if they're charged with felony assault, which includes an assault with serious injury, or other additional serious felonies (like kidnapping or burglary). But in a domestic violence case that doesn't involve such conduct, the defendant is eligible for bail.

In setting the amount of bail, a judge must consider whether the defendant poses a flight risk or safety risk to others. Typically, a judge will consider:

• the nature and circumstances of the offense charged
• the defendant's family ties, employment, and financial resources
• the defendant's character and mental condition
• how long the defendant has lived in the community
• the defendant's prior criminal convictions, and
• the defendant's past failure to appear at court proceedings, if any.

Violating pretrial release conditions, including failure to appear, can result in arrest, jail time, and bail revocation and forfeiture.

(Iowa Code §§ 702.11, 811.1, 811.1A, 811.2 (2024).)

Gun Restrictions in Iowa DV Cases

Defendants subject to protective orders can't possess a firearm while the order is in effect. A judge can also restrict firearm possession as a condition of pretrial release.

And if the defendant is convicted of any domestic violence offense (including a misdemeanor), the ban on firearms will remain in place. A violation of the ban can result in felony gun charges under state and federal laws.

(Iowa Code § 724.26 (2024); 18 U.S.C. § 922 (2024).)

Defenses to Domestic Violence Charges in Iowa

In any assault case, some general defenses might apply, depending on the circumstances. Self-defense and accident (no intent) aren't uncommon in domestic violence cases. Also, though less common, sometimes a defendant can show that the accusations are false because the victim had it out for the defendant or lied for other reasons.

Getting Legal Advice and Representation

If you're charged with a crime or served with an application for a protective order, contact a local criminal defense attorney immediately. A domestic abuse conviction or protective order can have serious consequences. An experienced lawyer who regularly practices in the area where your case is charged should be able to tell you how the case will proceed through the system. An attorney can advise you on the strength of the case and any possible defenses. An experienced lawyer should also know whether a good plea deal is possible (or advisable) or if you should instead consider going to trial.