Section 236.1 – Short title.
236.1 Short title. This chapter may be cited as the “Domestic Abuse Act”. [C81, §236.1]
Section 236.10 – Plaintiff’s address — confidentiality of records.
236.10 Plaintiff’s address — confidentiality of records. 1. A person seeking relief from domestic abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service: a. The mailing address […]
Section 236.11 – Duties of peace officer — magistrate.
236.11 Duties of peace officer — magistrate. 1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order that establishes conditions of release or is a protective order […]
Section 236.12 – Prevention of further abuse — notification of rights — arrest — liability.
236.12 Prevention of further abuse — notification of rights — arrest — liability. 1. If a peace officer has reason to believe that domestic abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following: a. If requested, remaining on the scene as long as […]
Section 236.13 – Prohibition against referral.
236.13 Prohibition against referral. In a criminal action arising from domestic abuse, as defined in section 236.2, the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action. 86 Acts, ch 1179, §4
Section 236.14 – Initial appearance required — contact to be prohibited — extension of no-contact order.
236.14 Initial appearance required — contact to be prohibited — extension of no-contact order. Repealed by 2006 Acts, ch 1101, §21 . See chapter 664A.
Section 236.15 – Application for designation and funding as a provider of services for victims of domestic abuse.
236.15 Application for designation and funding as a provider of services for victims of domestic abuse. Upon receipt of state or federal funding designated for victims of domestic abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and […]
Section 236.15A – Income tax checkoff for domestic abuse services.
236.15A Income tax checkoff for domestic abuse services. Repealed by 97 Acts, ch 158, §48; 97 Acts, ch 209, §13, 15.
Section 236.15B – Income tax checkoff for domestic abuse services.
236.15B Income tax checkoff for domestic abuse services. Repealed by 2003 Acts, ch 44, §111 .
Section 236.16 – Department powers and duties.
236.16 Department powers and duties. 1. The department shall: a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of domestic abuse. b. Design and implement a uniform method of collecting data from domestic abuse organizations funded under this chapter. c. […]
Section 236.17 – Domestic abuse training requirements.
236.17 Domestic abuse training requirements. The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of domestic abuse prevention and services. Domestic abuse training may include, but is not limited to, the following areas: 1. The enforcement […]
Section 236.18 – Reference to certain criminal provisions.
236.18 Reference to certain criminal provisions. In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to domestic abuse assaults are set forth in chapter 664A and sections 708.2A and 708.2B. 91 Acts, ch 218, §17; 2012 Acts, ch 1021, §52
Section 236.19 – Foreign protective orders — registration — enforcement — immunity.
236.19 Foreign protective orders — registration — enforcement — immunity. 1. As used in this section, “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter, a temporary or permanent protective order […]
Section 236.2 – Definitions.
236.2 Definitions. For purposes of this chapter, unless a different meaning is clearly indicated by the context: 1. “Department” means the department of justice. 2. “Domestic abuse” means committing assault as defined in section 708.1 under any of the following circumstances: a. The assault is between family or household members who resided together at the […]
Section 236.20 – Mutual protective orders prohibited — exceptions.
236.20 Mutual protective orders prohibited — exceptions. A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order. 95 Acts, ch 180, §14
Section 236.3 – Commencement of actions — waiver to juvenile court.
236.3 Commencement of actions — waiver to juvenile court. 1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from domestic abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state the: a. Name of the plaintiff […]
Section 236.3A – Plaintiffs proceeding pro se — provision of forms and assistance.
236.3A Plaintiffs proceeding pro se — provision of forms and assistance. 1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the […]
Section 236.3B – Assistance by county attorney.
236.3B Assistance by county attorney. A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the individual does not have sufficient funds to pay for legal assistance and if the assistance does not […]
Section 236.4 – Hearings — temporary orders.
236.4 Hearings — temporary orders. 1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of domestic abuse by a preponderance of the evidence. 2. The court may enter any […]
Section 236.5 – Disposition.
236.5 Disposition. 1. Upon a finding that the defendant has engaged in domestic abuse: a. The court may order that the plaintiff, the defendant, and the children who are members of the household receive professional counseling, either from a private source approved by the court or from a source appointed by the court. Costs of […]