Restraining orders are legal documents issued by a court. It requires by law, a person to stop harming another.http://www.judicial.state.ia.us/wfdata/frame3233-1389/petition_for_relief.pdfThere are two courts that issue protective orders in Iowa. In a civil court action, you are asking the court to protect you from the person abusing you. In this instance, an arrest has not occurred. However, if the abuser violates the civil court order, he or she may be sent to jail for the violation. You have the right to drop the case if you want to.http://www.womenslaw.org/laws_state_type.php?id=514&state_code=IA

Protective orders that involve an arrest are obtained through the criminal court system. The prosecutor or district attorney at the county courthouse can continue to prosecute the abuser after the arrest and against your wishes. They could even issue a subpoena to force you to testify at the trial, even if you drop the charges.http://www.womenslaw.org/laws_state_type.php?id=514&state_code=IA In Iowa, there are three types of protective orders: emergency, temporary and permanent.http://www.womenslaw.org/laws_state_type.php? id=70&state_code=IA Obtaining a restraining order in Iowa can be completed in a few steps.

This process begins by going to the clerk's office of your county courthouse and requesting an order of protection form. The filing fee and court costs for an order for protection are waived for the plaintiff.http://www.womenslaw.org/laws_state_type.php?id=10013&state_code=IA&open_id=11231#content-11235 Temporary orders are issued the same day you file the petition asking for protection. It is active until the time of the court hearing, normally within fifteen days that it is issued.http://www.judicial.state.ia.us/wfdata/frame3233-1389/26_May_06_Pro_se_booklet_2006_for_web.pdf

Compete the petition for a protective order. If you have questions, ask the clerk of the court or you may call the Iowa Coalition Against Domestic Violence at 1-800-942-0333 for help. The petition for a protective order must be signed in front of a notary public or it is not valid. Permanent orders are issued by a judge at the end of a court hearing held within fifteen days of getting a temporary order. It is active for up to one year and may be extended unlimited times.http://www.judicial.state.ia.us/wfdata/frame3233-1389/26_May_06_Pro_se_booklet_2006_for_web.pdf Within the criminal court system following an arrest for domestic abuse assault, the judge may give the abuser a no contact order before the abuser leaves the jail. Most no contact orders tell the abuser not to contact the victim identified in the criminal case. The judge may also order the abuser to stay away from other family members of the victim.http://www.judicial.state.ia.us/Representing_Yourself/Domestic_Violence/Iowa_Law/

A judge will look at your petition and ask you questions. The judge will decide to issue a temporary order of protection or a permanent order. If the judge issues a permanent order, the judge will set a hearing date so that both parties may have their day in court. Any order of protection issued will be forwarded to the 911 operator in the county in which it was issued. Protective orders granted under Chapter 236 of Iowa code, can last up to one year and can be extended for another year only if the petitioner asks for the extension.

Emergency orders are issued at night or over a weekend when the courthouse is not open. An emergency order is active 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.http://www.judicial.state.ia.us/wfdata/frame3233-1389/26_May_06_Pro_se_booklet_2006_for_web.pdf Iowa code Chapter 598 helps married persons experiencing domestic abuse. It says your attorney can request a temporary order before there is a hearing set. In this way, the abuser can be served with divorce papers and a protective order at the same time. Also, the victim gets custody of the children.http://www.judicial.state.ia.us/wfdata/frame3233-1389/26_May_06_Pro_se_booklet_2006_for_web.pdf

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.