Gavin Howe
In the state of Iowa, a will is a document that allows any person of sound mind, who is 18 years of age or older, to dispose of their property at their death. However, a unique aspect of Iowa law is that victims with protective orders can be held in contempt for aiding and abetting in the violation of their own protective orders. This means that if you have a will in Iowa and it is violated, you may be held in contempt of your own protective order. This article will explore the intricacies of this complex legal situation and provide valuable insights for residents of Iowa.
| Characteristics | Values |
|---|---|
| Restraining orders | Protective orders prohibit the person named in the document from coming within a certain distance of the person seeking protection |
| Protective orders can be used to protect children and stalking victims | |
| Protective orders can include restrictions regarding gun ownership | |
| Valid protective orders granted in the United States are enforced in all state and tribal courts within the US, including US territories | |
| A temporary restraining order can be granted prior to holding a full hearing | |
| Violation of a protective order is a simple misdemeanour punishable by up to 30 days in jail and a fine ranging from $65 to $625 | |
| Violation of a protective order is also viewed as contempt of court, which is punishable by jail time or a fine | |
| If the abuser violates the order and owns guns, they will face felony charges for violating a prohibition on firearm ownership | |
| If the assault is committed with the intention to cause serious injury or if the abuser was armed with a dangerous weapon, the first offence becomes an aggravated misdemeanour punishable by up to two years in jail and a fine ranging from $625 to $6,250 | |
| If the first or second offence is classified as a serious or aggravated misdemeanour, the second offence is an aggravated misdemeanour with a mandatory two-day jail sentence | |
| Additional offences are class D felonies which carry up to five years' imprisonment and a fine ranging from $750 to $7,500 | |
| Iowa law defines domestic abuse/violence as an assault committed between people who are family members, residing in the same household, divorced or separated spouses, people who have a child together, or people who resided together in the previous year |
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What You'll Learn
Protective orders
In Iowa, there are several types of protective orders, including criminal no-contact, civil no-contact, and civil protective orders. The type of protective order that an aggrieved party can file depends on the events prior to the filing of the order, the restrictions they would like to establish moving forward, and the severity of the crimes committed.
To obtain a protective order, one must first file for a protective order with the court and serve the accused with papers documenting the order and calling for a hearing. At the hearing, the plaintiff will need to prove to the judge that at least one of the following situations occurred with a current or recent household member:
- The accused threatened you with physical contact that would cause pain or injury, and the threat put you in fear and could be carried out immediately.
- The accused committed an act of domestic abuse.
- The accused committed sexual abuse, which includes any sexual crime included in Chapter 709 of the Iowa Code.
If the judge issues a temporary order, the sheriff for the county in which it was issued will also receive a copy. A protective order is not valid until it is served. Generally, a sheriff will try to serve the accused with a notice of hearing and the temporary protective order. However, if the accused comes into contact with law enforcement for any reason before the order is served, they can be served with a short-form notification instead, which notifies the accused of the prohibited behaviour and the risk of arrest for a violation.
Once a protective order is granted, it is automatically good throughout Iowa, all other US states, US territories, and tribal lands. Federal law provides "full faith and credit", meaning that each state must enforce out-of-state protective orders in the same way it enforces its own orders.
To stop or change a protective order, one must contact the county attorney's office for a no-contact order or file a "Request to Cancel or Change a Protective Order" for a protective order. Court forms are available for free on the Iowa Judicial Branch website under the "Domestic Abuse or Violence" and "Sexual Abuse" tabs.
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Misdemeanours
Iowa law defines domestic abuse/violence as an assault committed between people in specific relationships, including family members, people residing in the same household, divorced couples, people with a child together, and more. Protective orders, also known as restraining orders, are court orders prohibiting the person named from coming within a certain distance of the person seeking protection. These orders can be used to protect victims of domestic violence, stalking, or abuse, and they may include restrictions on gun ownership.
Violating a protective order in Iowa is considered a simple misdemeanour, punishable by up to 30 days in jail and a fine ranging from $65 to $625. It is also considered contempt of court, which carries additional penalties. If the abuser violates the order and owns guns, they will face felony charges for violating the prohibition on firearm ownership.
In the context of domestic abuse, if the assault is committed with the intention to cause serious injury or if the abuser was armed with a dangerous weapon, it becomes an aggravated misdemeanour. This is punishable by up to two years in jail and a fine ranging from $625 to $6,250. A second offence classified as a serious or aggravated misdemeanour results in a mandatory two-day jail sentence and is considered an aggravated misdemeanour.
It is important to note that Iowa differs from most states in that victims with protective orders can be held in contempt for "aiding and abetting" in the violation of their own protective orders. This means that victims can potentially face legal consequences if they are found to have contributed to the violation of their own protection order.
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Domestic abuse
In Iowa, domestic abuse is a crime, and the law provides ways for victims to get protective orders against their abusers. The Iowa Legislature enacted Chapter 236 in 1979, which enables domestic violence survivors to seek civil protective orders against physical abusers. However, the definition of "domestic abuse" in Chapter 236 has been criticised as inadequate, as it is limited to physical abuse and threats of physical abuse, and does not encompass other forms of violence such as harassment and witnessing abuse.
Under Iowa law, domestic abuse is defined as an assault that occurs between people who are married, divorced, living together or have lived together within the past year, parents of the same child or children, or in an intimate relationship. Assault is defined as any act meant to cause pain, injury, or offensive physical contact, as well as any act that makes the victim fear immediate physical contact that will be harmful or offensive. It also includes the brandishing of a dangerous weapon or firearm in a threatening manner.
Protective orders in Iowa can be obtained without a lawyer, and advocates at domestic abuse shelters can help with filling out the necessary forms. A protective order prohibits the abuser from having any contact with the victim and continuing acts of domestic abuse. If an abuser violates a protective order, they can be arrested. They will be punished according to the laws of the state where the violation occurred. It is important for victims to keep copies of the protective order with them at all times and in various locations, such as their workplace, home, and car.
It is worth noting that Iowa differs from most other states in that victims with protective orders can be held in contempt for "aiding and abetting" in the violation of their own protective orders. This means that victims must take extra care to ensure they do not inadvertently aid their abuser in violating the order. Additionally, criminal charges for domestic abuse can impact later custody actions involving children of the victim and the abuser. Victims may also be eligible for crime victim compensation to cover expenses resulting from the abuse.
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Restraining orders
In the state of Iowa, there are several types of protective orders, and the type of protective order required depends on the events prior to the filing of the order, the restrictions that need to be put in place, and the severity of the crimes committed.
Types of Protective Orders
- Criminal no-contact order
- Civil no-contact order
- Civil protective order
- Protective order by consent
- Emergency order
- Temporary order
- Permanent order
Steps to Obtain a Protective Order
- Determine the type of protective order that fits your situation.
- File for a protective order with the court.
- Serve the accused with papers documenting the order and calling for a hearing.
- Prove to the judge that at least one of the following situations occurred with a current or recent household member: the accused threatened you with physical contact that would cause you pain or injury, the threat put you in fear, and the threat could be carried out immediately.
- Receive a court date and appear before a judge to present your case.
- Review the order before leaving the courthouse. If something is missing or incorrect, ask the clerk how to correct it.
- Make several copies of the protective order as soon as possible. Keep a copy of the order with you at all times and leave copies at your workplace, home, children's school or daycare, in your car, with a trusted neighbour, etc.
It is important to note that Iowa law limits the categories of people who can obtain a protective order. Qualifications include those who are a spouse, ex-spouse, a member of the household at the time of the assault, people who have lived together within one year before the assault, people who have a child together, or persons in an intimate relationship.
Enforcement of Protective Orders in Other States
If you have a valid Iowa protective order that meets federal standards, it can be enforced in another state due to the Violence Against Women Act (VAWA). This federal law states that all valid protective orders granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. Therefore, each state must enforce out-of-state protective orders in the same way it enforces its own orders.
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Validity in other states
A protective order issued in Iowa is valid in other states, and vice versa. This is due to federal law, which mandates that all states honour and enforce valid protection orders issued in other states. The Violence Against Women Act (VAWA), a federal law, ensures that all valid protective orders are enforced in all state and tribal courts within the US, including US territories. This means that if an individual with an Iowa protective order moves to another state, their protective order will still be valid and enforceable.
The VAWA also ensures that if an individual violates their Iowa protective order in another state, they will be punished according to the laws of the state they are in when the violation occurs. This means that the protective order is still valid and will be enforced, regardless of the state.
It is important to note that each state may define and enforce protective orders differently. Therefore, while the protective order itself is valid in other states, the specific restrictions and consequences may vary depending on the state in which the order is enforced.
Additionally, in most states, a plaintiff cannot violate their own protective order. However, Iowa is an exception to this. In Iowa, victims with protective orders can be held in contempt for "aiding and abetting" in the violation of their own protective order. This means that if a victim with an Iowa protective order takes actions that are deemed to be aiding the abuser in violating the order, they may be found in contempt of court and face legal consequences.
Therefore, while Iowa protective orders are generally valid in other states, it is important to be aware of potential variations in enforcement and the specific laws of the state in which the order is being enforced.
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Frequently asked questions
A will is a document that allows any person of sound mind, who is 18 years of age or older, to dispose of all of their property at their death, if the property is not distributed by other means.
You should review your will for possible changes if you change your mind about who you want to inherit your property, get married or divorced, have a child or a beneficiary dies, or acquire property in another state.
Probate is an official court process that allows the transfer of title to real estate that you owned at your death, allows your will to be established as your official will, and allows your estate to be distributed to your intended beneficiaries after the payment of all debts and charges.
