Iowa Code 236: Domestic Abuse Protective Orders

An Iowa domestic abuse protective order is a civil court order issued under Iowa Code Chapter 236 that requires an abuser to stop contact, stay away, and often give up firearms; you can file for one at no cost, get same-day emergency protection when there is immediate danger, and receive a full order lasting up to a year after a hearing held within 5 to 15 days.¹

Who Can File

Chapter 236 does not cover every assault. It covers assault between people in specific relationships. Under Iowa law, assault means an act intended to cause pain or offensive contact, an act meant to make someone fear immediate harmful contact, or pointing a firearm or displaying a dangerous weapon at another person.

You can seek an order if you and the person who abused you fall into one of these categories:

Spouses, cohabitants, parents, or relatives by blood or marriage who live in the same home at the time of the assault
Separated or divorced spouses
Parents of the same minor child, whether or not you were ever married or lived together
People who lived together as family or household members within the past year but no longer do
People in an intimate relationship, or who have been in one with contact within the past year; the court weighs how long it lasted, how often you interacted, whether it has ended, and whether either party expected sexual or romantic involvement²

The intimate-partner category reaches dating partners who never shared a home or a child. A parent or guardian may file on behalf of an unemancipated minor.

How to File a Petition

You file a verified petition in district court in the county where you live or where the abuser lives. The petition describes the abuse and identifies the qualifying relationship.¹

There is no filing fee. Iowa law waives filing fees and court costs for the plaintiff, and the sheriff serves the papers on the defendant without charging you. If the court later issues a protective order, the defendant can be ordered to reimburse those costs when able to pay.³

Leaving the shared residence to escape the abuse does not affect your right to relief under Chapter 236.¹

Bring evidence. Police reports, medical records, photographs of injuries, and witness statements all help. Text messages, voicemails, emails, and social media posts are commonly used. Keep original files with their metadata rather than relying on cropped screenshots, so you can show the evidence is what you claim it to be.

Same-Day Emergency Protection

The court can issue a temporary protective order the same day you file, without the abuser present or notified in advance. This is an ex parte order, and the standard is “good cause.” Present danger of domestic abuse meets that standard.⁴

A temporary order can bar the defendant from contacting you, entering your home, or coming near your workplace. It can award temporary custody of minor children with their safety as the primary consideration, and restrict or deny visitation when unsupervised contact would put you or the children at risk. It can also give you exclusive control over pets or companion animals at risk of harm. Every temporary order must include a notice warning the defendant that a full protective order after the hearing may require surrender of all firearms, offensive weapons, and ammunition.⁴

The Hearing

The court must hold the hearing no fewer than 5 and no more than 15 days after the petition is filed. Both parties receive notice and can appear. You have to prove domestic abuse by a preponderance of the evidence, meaning it is more likely than not that the abuse occurred.⁴

The defendant can hire an attorney and can request a continuance to do so. Either side can call witnesses and request subpoenas for people and documents. All hearings are recorded. If the court grants a continuance, any temporary order can stay in place until the rescheduled date.⁴

Rather than contest the case, the parties can enter a consent agreement. If the court approves it, it carries the same force as a protective order, with the same duration and extension rules.¹

What the Order Can Require

If the court finds domestic abuse occurred, Section 236.5 gives it broad authority to shape the order. Common provisions include:

An order that the defendant stop all domestic abuse against you
Stay-away provisions covering your home, school, and workplace
Exclusive possession of the shared residence for you, or an order that the defendant provide suitable alternate housing
Temporary child custody and visitation terms, with your safety and the children’s safety as the primary consideration; visitation may be supervised, restricted, or denied
Financial support for you and any minor children
A prohibition on the defendant possessing firearms, offensive weapons, and ammunition
Exclusive care and control of household pets, with the defendant forbidden from approaching or harming them (commercial livestock is not covered)
Professional counseling for the plaintiff, defendant, and children, with costs split; the county may pay if neither party can

The court can also order the defendant to pay your attorney fees and court costs.⁵

One point that catches people off guard: a Chapter 236 order can modify custody or visitation from a prior divorce or custody case. The court is directed to consider whether existing orders need to change in light of the abuse finding.⁵

Firearms Surrender

When the court prohibits the defendant from having firearms and finds the defendant currently has them, it must order them sold or transferred to a qualified person by a specific date. If no qualified recipient is available, the weapons go to the county sheriff or a local law enforcement agency for safekeeping until the order expires or rights are restored.⁵

Federal law adds a second layer. Under 18 U.S.C. § 922(g)(8), a person subject to a qualifying protective order is federally barred from shipping, transporting, possessing, or receiving any firearm or ammunition. The order qualifies when it was issued after notice and an opportunity to be heard, restrains the defendant from harassing or threatening an intimate partner or child, and either includes a finding of a credible threat or explicitly prohibits the use of physical force.⁶

How Long the Order Lasts

An initial order is set by the court for a fixed period up to one year. The court cannot issue an initial order longer than that, even if the petition asks for more. There is no limit on how many times an order can be extended.¹

To extend, either party files a petition and the court holds a new hearing. The court can grant the extension if it finds the defendant still poses a threat to the victim, people living with the victim, or the victim’s immediate family. At the extension stage, the parties do not need to still meet the requirement of having lived together in the past year, as long as they met it when the original order was entered. That closes off the tactic of running out the clock by staying away.¹

If the Order Is Violated

The original penalty provisions in Section 236.8 were repealed in 2006 and replaced by Chapter 664A, Section 664A.7, which now governs contempt proceedings and penalties for violating a domestic abuse protective order. Violating an order can lead to contempt of court and, depending on the conduct, separate criminal charges. A defendant arrested for a violation may be required to appear before a judicial officer, and the court can impose jail time and fines.

Crossing state lines does not defeat the order. Under 18 U.S.C. § 2262, traveling across state lines or into Indian country with the intent to violate a protective order is a federal crime, with penalties that escalate by harm:

General violation: up to 5 years in federal prison
Serious bodily injury: up to 10 years
Permanent disfigurement or life-threatening injury: up to 20 years
Death of the victim: up to life

These federal penalties apply on top of state consequences.⁷

A protective order proceeding is civil and separate from any criminal case. You can pursue both a protective order and criminal charges at the same time; one does not replace the other.¹

Keeping Your Address Private

You do not have to list your actual home address on the petition. Iowa Code 236.10 lets you use the mailing address of a shelter or advocacy agency, a public or private post office box, or another person’s address with their permission. If the address on file becomes invalid, update it with the clerk within five days.¹

The court can also seal the case file or portions of it. Court orders and support payment records stay public, but the court can direct that address and location information be removed from those public records.¹

Enforcement Across State Lines

An Iowa order does not lose force at the state line. Under the Violence Against Women Act, every state, tribe, and territory must recognize and enforce valid protective orders from any other U.S. jurisdiction as if the order had been issued locally. The issuing court must have had jurisdiction over the parties, and the person subject to the order must have received reasonable notice and an opportunity to be heard. Ex parte orders qualify as long as notice and a hearing opportunity are provided within the time required by the issuing jurisdiction’s law, which Iowa’s 5-to-15-day rule satisfies. The rule works both ways: if you move to Iowa with a valid order from another state or tribal court, Iowa law enforcement must enforce it.⁸

1
Iowa Legislature. Iowa Code Chapter 236 – Domestic Abuse
2
Iowa Legislature. Iowa Code 236.2 – Definitions
3
Iowa Legislature. Iowa Code 236.3 – Commencement of Actions – Waiver to Juvenile Court
4
Justia. Iowa Code 236.4 – Hearings – Temporary Orders
5
Iowa Legislature. Iowa Code 236.5 – Disposition
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Office of the Law Revision Counsel. 18 USC 2262 – Interstate Violation of Protection Order
8
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders