In this video, our Bettendorf order of protection attorneys explain how In the state of Iowa, there are several types of protective orders.  The determination of which type of protective order you need is dependent on the events prior to the filing of the order, as well as the restrictions you would like to establish moving forward and severity of crimes committed.  The aggrieved party can file for a criminal no-contact, civil no-contact, or civil protective order, depending on the circumstances of the case. Iowa law limits the categories of people who can get a protective order.  Qualifications include those who are a spouse, ex-spouse, a member of the household at the time of the assault or people who have lived together within one year before the assault occurred, people that have a child together, or persons in an intimate relationship.

In this video, our Bettendorf attorneys explain how remedies are means to achieve the intent of a protective order. They address different scenarios that may arise after a protective order has been issued, such as:

• Who has a right to a shared residence?
• How is child custody affected by a protective order?
• What happens if a petitioner and respondent work together or attend school together?
• Will the respondent have to abide by other specific terms, such as attending counseling.

There are several factors taken into consideration when determining who has the right of occupancy after a protective order has been filed in Iowa. First, the right of occupancy must be established. A party has a right of occupancy to a residence if they, their spouse, or a person with a legal duty to support them or their minor child solely or jointly owns or leases the property in question. This means that a petitioner may have a right of occupancy to a residence solely owned by the respondent.

In this video, our Bettendorf attorneys explain how there must be a proven history of abuse to obtain a protective order. Specific acts that could be classified as abuse include pushing, hitting, kicking, forcibly holding, and shaking. If a petitioner is threatened with a knife, gun, or other deadly weapon, they can claim abuse against the respondent. Verbal abuse is typically not considered domestic abuse under Iowa law when petitioning for a protective order.