Domestic
Violence
Intervention
Program

P.O. Box 3170
Iowa City, IA 52244
In Iowa: 1-800-373-1043
Phone: 319-351-1043
Fax: 319-466-4624
dvip@dvipiowa.org

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Crime Victim's Rights: Asking the Courts for Protection

Getting a Pro Se Domestic Abuse Protective Order

On July 1, 1991, Iowa law made it easier to get an order for protection from domestic abuse, known as a "Pro Se" no-contact or protective order under Iowa Criminal Code Chapter 236. Essentially, this is a court order telling a batterer they must stay away from the intimate partner they are abusing.

Every courthouse in Iowa has forms you can use to apply for a "Pro Se" protection order on your own, without an attorney. "Pro Se" means that you act as your own attorney. DVIP has advocates who are familiar with this application and how to get this type of order; they can accompany you to court.

To be eligible for a Pro Se Domestic Abuse Protective Order you must prove the following:

1. Relationship - You must show that you and the abuser meet ONE of the following:
• Presently married, even if you are not living together.
• Divorced or separated, whether or not you are living together.
• Living together in an intimate relationship with the abuser at the time of the abuse (the legal term is “cohabitation”).
• Living together and related by blood (such as parents) or by affinity (such as adoption or marriage).
• You and the abuser are parents of the same child who is under 18 years of age.
• You and abuser lived together at some time during the past year and were in an intimate relationship.
• You and the abuser lived together at some time during the past year and were related by blood or affinity.


2. Abuse and present threat of harm - You must show that an assault, as defined by law (Iowa Criminal Code 708.1), has occurred. Assault means ONE of the following must have happened:
   • Someone physically abused you; OR
   • Someone pointed a gun at you or displayed a dangerous weapon (such as a knife) toward you in a threatening manner; OR
   • Someone threatened you with physical contact which would cause pain or injury; AND
   • The threat put you in fear, AND
   • The threat could have been carried out immediately.
   
   
3. Residence - You or the abuser must live in Iowa. You must file your form petition in the courthouse located in the county where either you or the abuser is living.

Under this law, and provided you meet the above requirements, the court can do many things to protect you. The court can order, for example:

• That the abuser stop abusing you.
• That the abuser leave the house or apartment.
• That the abuser provide you with some other place to stay.
• That the abuser stay away from where you live, where you go to school and where you work.
• Who will have custody of the children and special precautions for their safety.
• Visitation of the children with special arrangements for when the abuser can visit the children and how he can visit, without having any contact with you
• Financial support for your children and you.
• Counseling for you, for the abuser, and for the children. You or the abuser will probably have to pay for any court-ordered counseling.

The court can issue three kinds of protection orders. The judge assumes that the reason you ask for either a temporary order or an emergency order is to get a permanent order.

• Temporary Order: Issued the same day you file the petition asking for protection. Good until the time of the court hearing (to determine the permanent order), normally within 15 days of the day the temporary order is issued.



• Permanent Order: Issued at the end of the court hearing held within 15 days of getting the temporary order. At the hearing, you prove abuse took place, and the abuser has a chance to prove abuse didn’t take place. Good for up to one year.



• Emergency Order: Issued at night or over a weekend when the courthouse is not open. Good for 72 hours. If you need an order at night or over a weekend, call the domestic abuse program nearest you or the Iowa Domestic Abuse Hotline, at 1-800-942-0333.

What if I am younger than 18 years old?

If you meet the three legal requirements of relationship, abuse and present threat of harm, and residence, you may get a protective order under Iowa law. If you are emancipated, you can file the forms yourself. Iowa law does not specifically define what it is to be an emancipated minor. You may be emancipated if you are under 18 years of age and  are legally married. You should talk to a lawyer for help if you want to file on your own as an emancipated minor. If you are not yet 18 years old and are not emancipated you cannot file for a protective order on your own. You must  have your parent or legal guardian file for you. The Clerk of Court has special forms for parents and guardians of minors seeking relief from domestic abuse. Since you are not yet a legal adult in the eyes of the law, the only way your situation is different is that you cannot file without your parent or guardian. Except for filing, all the other parts of the law apply to you and the abuser.

This information about the Pro Se Domestic Abuse Protective Order is general. For more specific details, the court process and additional community resources contact a DVIP advocate at our 24-hour Hotline:

(319) 351-1043 or 1 (800) 373-1043

Reprinted and adapted from "How To Protect Yourself From Domestic Abuse Without A Lawyer," published by the State of Iowa Court Administrator’s Office.

Domestic Violence Intervention Program
Serving Cedar, Iowa, Johnson and Washington Counties
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