Restraining Orders

There are several types of Orders that prevent people from contacting other people in Iowa. Some are issued by the Court or the State itself, such as ones arising from a criminal case or from a juvenile court case. Some are issued between people who are not romantically involved, like a co-worker or neighbor. I am not going to discuss these.


People who call me are usually interested in a Chapter 236 Protective Order. This is set up to be a do-it-yourself no contact order; the form is available from the Clerk of Court and on the internet through the Iowa Judicial Branch, and can be completed without a lawyer. 


Chapter 236 is the chapter of the Iowa Code dealing with domestic abuse. Therefore, this type of Order, as noted above, applies only to a few very specific relationships: family/household members living together at the time of the assault or within one year prior, spouses who are separated or divorced, parents of the same minor child, or persons in an intimate relationship. Any need for a no contact order in another type of relationship will need to be handled in a different manner.


The form is fairly straight-forward, requesting such information as names, addresses, birth dates, and locations of employment. The form will ask whether the Defendant has physically abused, sexually abused, or threatened to abuse in such a way as to cause fear of physical safety. These are the only categories available for this type of no contact order. It is not available if the ex keeps calling, threatens to take the kids, calls your family to tell them you are a bad person, or a whole list of other annoying, objectionable, but not threatening, behaviors. 


The form then asks for narration of what has happened in the abuse or threats. This is the chance to tell the judge your story. Remember the Defendant will also receive a copy of this form. You may attach additional paper to ensure your entire story is heard, so do not leave out incidences for lack of space.


You can request, as part of this application, to have mutual children's visitation and contact considered. Most likely, the Judge will simply make sure exchanges of the children for visitation do not violate the no contact orders, by figuring out a different exchange schedule. The Court might figure out a visitation schedule in the very short term, but generally will want this to be determined in a custody case rather than a no contact order case. 


Two types of no contact orders can stem from this application. The first is an emergency or temporary no contact order. It would be in effect from the time of the application for about two weeks. It is ordered based on the written application only, without the chance for the Defendant to respond. This is the reason for its short duration. It can also request possession of the house, financial support, and custody of the children.


Those provisions are also available in the permanent no contact order. This will last for one year, but a hearing has to be held first, where the Defendant will get to speak and argue against it. At the end of the year, an extension can be granted if needed.


Two more things about no contact orders. First, if you decide the no contact order is not helpful or is causing more trouble than good, you will have to ask the Court to drop it, which the Court may or may not do. The Court will want to make sure you are making the right decision. Second, while this paper says the Defendant cannot contact you, it really only gets that person arrested if he or she does contact you. So be safe before that happens to prevent even worse consequences from arising before the police can be called.