No Contact Orders
A victim can ask the court for relief from domestic abuse with or without an attorney. Each clerk of court office in Iowa has forms available for victims to fill out. The people involved must have a relationship where at least one of the following applies:
- Family or household members living together at the time of the assault;
- Married persons, including juveniles who are married;
- Separated spouses or persons divorced from each other, including juveniles who are or were married;
- Juveniles and adult biological parents of the same minor child regardless of whether they have ever lived together;
- Unmarried persons who are co-habitating - co-habitation does not require a sexual relationship but does require something more than merely living together; or
- Persons who have lived together within the past year but were not living together at the time of the assault.
Please note that if the victim and abuser have never married, they must either have a child together, or they have to live together at the time of the assault, or have lived together within the past year. When persons under 18 years of age are seeking protection, they may have to have a parent or guardian file on their behalf. The clerk of court has forms for this situation.
Parties to a protective order should read and understand the terms of the order. Only the judge can change the terms of the order so if the petitioner no longer wants the order, s/he must ask the court to change or stop the order. Orders from a judge can last up to one year and be extended only if the petitioner asks for the extension. Finally, a protective order should protect a petitioner anywhere s/he goes in the United States.
If a party to a No Contact Order violates it, there are consequences:
- If an an abuser ignores the order, s/he can be arrested for Violation of a No Contact Order
- If a protected party ignores the order, s/he can be arrested for aiding and abetting a Violation of a No Contact Order.