Iowa code 232

Iowa code 232 DEFAULT

Index of Iowa Court Rules:

Iowa Code § 232B.1

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Short Title


Iowa Code § 232B.2

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Purpose--Policy of State


Iowa Code § 232B.3

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Definitions


Iowa Code § 232B.4

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Application of Chapter--Determination of Indian Status


Iowa Code § 232B.5

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Indian Child Custody Proceedings--Jurisdiction--Notice--Transfer of Proceedings


Iowa Code § 232B.6

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Emergency Removal of Indian Child--Foster Care Placement--Termination of Parental Rights


Iowa Code § 232B.7

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Parental Rights--Voluntary Termination or Foster Care Placement


Iowa Code § 232B.8

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Return of Custody--Improper Removal of Child From Custody--Protection of Rights of Parent or Indian Custodian


Iowa Code § 232B.9

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Placement Preferences


Iowa Code § 232B.10

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Qualified Expert Witnesses--Standard of Proof--Change of Placement


Iowa Code § 232B.11

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Agreements With Tribes for Care and Custody of Indian Children


Iowa Code § 232B.12

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Payment of Foster Care Expenses


Iowa Code § 232B.13

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Records


Iowa Code § 232B.14

Title VI. Human Resources

Subtitle 5. Juveniles

Chapter 232B. Indian Child Welfare Act - Compliance


Iowa Code § 600.1

Title XV. Judicial Branch and Judicial Procedures

Subtitle 1. Domestic Relations

Chapter 600. Adoption - Construction


Iowa Code § 600A.3

Title XV. Judicial Branch and Judicial Procedures

Subtitle 1. Domestic Relations

Chapter 600A. Termination of Parental Rights - Exclusivity


Iowa Ct. R. 1.407

Iowa Court Rules

I. Rules of Practice and Procedure

Chapter 1. Rules of Civil Procedure

Division IV--Pleadings and Motions

A. Pleadings Generally - Interventions


Sours: https://narf.org/nill/documents/icwa/state/iowa/courtrules.html

DES MOINES, Iowa – A parental rights bill, HF 714, sponsored by State Rep. Eddie Andrews, R-Johnston, was introduced on Wednesday and passed out of subcommittee and the Iowa House Judiciary Committee by a 14 to 7 vote on Thursday to survive the first funnel.

The bill reflects and would codify case law involving parental rights. It would create a new section in the Iowa Code. 

The bill affirms that parental rights are fundamental. 

“The right to direct the upbringing, rearing, associations, care, education, custody, and control of a parent’s child is a parent’s fundamental right,” the bill reads.

The bill requires that state action infringing on parental rights requires strict scrutiny by the courts and that the action is narrowly tailored to serve a compelling government interest.

The legislation also states that parents are to be presumed fit and that the parents’ actions are in the best interest of the child. That presumption can only be overcome by clear and convincing evidence. 

The bill also states that a parent’s marital status does not diminish that parent’s fundamental right. 

“By codifying the standards that are currently recognized by the Iowa judiciary, it will safeguard those standards in the future,” Barb Heki, representing ParentalRights.org, told members of the subcommittee on Thursday morning. 

She said that every subsection of the bill came from an Iowa judicial ruling that concluded in favor of parents. 

“Another key benefit to this legislation is there isn’t a place in the current Iowa Code for agencies of the state to know the proper standard to apply when they’re making decisions. We can point to the case law and court opinions, but we can’t point to the statute right now because there is none,” Heki added.

She stated that ten states currently have parental rights statutes: Arizona, Colorado, Idaho, Kansas, Michigan, Nevada, Oklahoma, Texas, Virginia, and Wyoming.

Chaney Yeast with Blank Children’s Hospital said they were undecided but wanted more information. She said she was concerned about a potential conflict with Iowa’s child abuse laws. 

“Is that a parent’s right to send their child to bed without dinner because of disciplinary action? Absolutely. Is it a parent’s right to withhold food for two days? Two weeks? That’s when things start to get more gray, she said. 

Kelly Meyers, with the Iowa County Attorneys Association, wanted to hear from Juvenile Court about the bill but said she remembered from law school that parental rights were not fundamental rights.

Amy Campbell with the Iowa Coalition Against Sexual Abuse had similar concerns. She said they were concerned specifically with the strict scrutiny piece of the legislation. 

Andrews, who was not part of the subcommittee and testified in favor of the bill, said the bill’s purpose was to reestablish what was already in Iowa case law.

“Parents are the fundamental authority for their children as it relates to education and upbringing. The purpose of this bill is twofold. One, it’s pre-emptive. We’ve seen state overreach in many states,” he said.

Andrews said the second purpose is to clarify what is already in the courts.

He also affirmed that this legislation does not change the state’s ability to remove a child from their home in child abuse or neglect cases. 

State Rep. Mary Wolfe, D-Clinton, affirmed that the Iowa Supreme Court had interpreted fundamental rights within the Iowa Constitution more broadly than the U.S. Supreme Court had with the U.S. Constitution. 

“My concern with creating a new chapter and a new statute to say that basically for everything – upbringing, rearing associations, character custody and control of a child – it’s fundamental and that you have to review any restrictions on that using strict scrutiny. There’s a lot going on there. And I’m afraid that there could be some collateral consequences,” she said. 

Wolfe said she was also concerned that the bill could shut the door on grandparents’ rights. 

“One big concern is over the years, I’ve worked with grandparents who desperately would like something in code to allow them even the most minimum ability to have contact with grandchildren when the relationship between the parents and the grandchildren is falling apart. I think that under these current Iowa Supreme Court rulings, there is a narrow path forward for that, that will not interfere with the fundamental right that our Supreme Court has found. I think that under the language in this bill, that’s gone,” she added.

Wolfe said she would not support the bill. “Not because I think it’s a horrible idea. I just think there’s a lot of moving parts,” Wolfe said. She added that she wanted to ensure the bill did not eliminate grandparents’ possibility of having some visitation rights. 

State Rep. Skyler Wheeler, R-Orange City, supported the bill. 

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“I guess I’m not convinced that this language would make it harder to go after abusers. I’m certainly open to having that discussion if you guys would like to have that discussion,” he said.

“As a parent, and a parent that just became a parent a little over two years ago, some of these issues hit home a little more than they ever would have before that. And so I do look at us and say, parents, by and large, they know what’s best for their children, and they have the best interests of their children at heart. Yes, there are bad actors. There are bad actors in every aspect of life, including politics,” Wheeler added.

State Rep. Brian Lohse, R-Bondurant, said he could see both sides but supported the bill so it could move forward and they could continue to discuss it.

“If indeed this really codifies just regular case law, it really shouldn’t have an impact on what goes on today. But I am concerned a little bit about those unintended consequences. I hadn’t thought about the path forward with grandparents’ rights. And while I hope that someday we can find that narrow path to give them some kind of fit there. If that’s the case, that’s an unintended consequence. I think we want to make sure we’re not foreclosing certainly the impact on the termination portion of an adoption proceeding, how it might impact child abuse laws, in codifying this, as opposed to just leaving in case law. I think those are questions that need to be vetted, and more information needs to be received,” he stated.

During the Iowa House Judiciary Committee, Wolfe reiterated her concern about the bill. State Rep. Steven Hansen, D-Sioux City, said that it had been a while since he worked in family law but thought there was a conflict with Iowa Code 232.

“Quite often, the best interests of the child supersede the right to parent,” he said. Hansen also said that the Indian Child Welfare Act needs to be considered.

State Rep. Christina Bohannan, D-Iowa City, said she supports parental rights but doesn’t see the need for the bill. 

“I don’t see the need to codify into state code, a constitutional right. And I do think that we run the risk of oversimplification,” she said. 

Bohannan said there is more nuance in the law.

“The fact is that when we look at other constitutional rights, free speech, voting, we cannot say across the board that every sort of application of those rights is subject to strict scrutiny. That’s just not true. And I worry a lot about just trying to kind of in shorthand quickly put in code that parental rights are fundamental and always subject to strict scrutiny. I really think that that’s going to run into some problems and some and some unintended consequences,” she added.

In his closing comments, Lohse, who chaired the subcommittee and was the bill manager in the committee meeting, said he welcomed the conversation going forward and then moved the bill for a vote. 

Listen to the subcommittee hearing below:

Listen to the committee debate below:

Tags:2021 Iowa Legislative Session89th General AssemblyAmy CampbellBarb HekiBlank Children's HospitalBrian LohseChaney YeastChristiana BohannanEddie AndrewsIowa Coalition Against Sexual AbuseIowa County Attorneys AssociationIowa House Judiciary CommitteeIowa House of RepresentativesKelly MeyersMary Wolfeparental rightsSkyler WheelerSteven Hansen

Sours: https://iowatorch.com/2021/03/05/parental-rights-bill-advances-in-the-iowa-house/
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Detention

Mission

To provide secure temporary residential care for youth, ages 12 to 18 years, who are or are alleged to be delinquent, and who pose a threat to themselves or to the community.

Referrals

The Juvenile Detention Center serves primarily Linn County and the Sixth Judicial District. Admissions are accepted upon the authority of the Juvenile Court and/or the arresting jurisdiction. The Juvenile Court Judge, or his/her designee, makes the decision whether to continue to hold a youth in detention, to place elsewhere, or to release. No youth is held more than 24 hours without a court order. Referrals will be screened under Iowa Code Chapter 232. Only youth who require secure custody should be held in the Juvenile Detention Center. The vast majority of youth who need temporary placement are more appropriately placed in shelter care or an emergency foster home.

Program Guarantees

Linn County Juvenile Detention program includes:

  • Safe, secure, 24-hour-a-day supervision
  • Individualized education, recreation, and behavior management programs
  • Group and individualized guidance and counseling
  • Medical, psychiatric, psychological, educational and behavioral evaluations when ordered by the Juvenile Court
  • Chaplain Ministry

Program Policies

Visiting Hours

Visiting hours are:

  • Weekdays: 2:30 p.m. and 4:30 p.m.
  • Weekends: 12:30 p.m. and 4:30 p.m.
  • Tuesdays and Thursdays: 6 p.m. and 8 p.m.

Visits are normally limited to one hour. Parents must call the Center in advance to schedule a visiting time. To ensure fairness during peak visiting times, parents will be held to the block of time they reserved, even if they arrive late.

Sours: https://www.linncounty.org/939/10595/Detention

Report Child Abuse, Other Crime, Safety Violations

Child Abuse or Other Crime

Child safety is of paramount importance in conducting youth programs. All program leaders, employees and volunteers are required to report suspected physical and sexual child abuse to ISU Police, in accordance with the university’s Reporting Responsibility Policy, even if the abuse may not have occurred on campus. For off campus university programs, report to local law enforcement. The procedures and requirements for reporting also apply to online or virtual youth programs.

All program leaders, employees and volunteers are also strongly encouraged to report suspected abuse to the Department of Human Services (DHS). Employees identified as statutory mandatory reporters of child abuse under Iowa Code Chapter 232 are required to report all forms of child abuse to DHS.

See Guidance on Child Abuse Reporting for important information and additional instructions.

Safety Violations

Anyone aware of safety violations that may endanger children should report to:

ISU Police
515-294-4428

Office of Risk Management
515-294-7711

Environmental Health and Safety (EHS)
515-294-5359

Sours: https://www.riskmanagement.iastate.edu/youth-at-isu/report-child-abuse--other-crimes--safety-violations

Code 232 iowa

The adoption of bridge orders allowing transfer of jurisdiction related to CINA cases

By Jenny Tegeler, Staff Attorney at Iowa Legal Aid.

Iowa Code Chapter 232 governs the judicial process of Children in Need of Assistance (CINA) proceedings. The ultimate goal of a CINA action to is to identify the services necessary for the child and family to allow them to ultimately remain intact as a family unit. It can often be a long, drawn out process with a variety of outcomes. The adoption of bridge orders is an attempt to expedite the process of closing some of these cases where it is determined that the involvement of the Department of Human Services is no longer necessary.

Iowa Code Section 232.103A, titled “Transfer of jurisdiction related to child in need of assistance case—bridge order,” was signed by Governor Branstad on April 17, 2015. It addresses a common problem the juvenile court confronted where one parent was determined to be a suitable custodian; and although it was determined that the other parent was not fit, it was not necessary to terminate the parent-child relationship with the unfit parent. In such a case, there is a need for a permanent, long-term custody decree granting the suitable parent both legal and physical custody. If the juvenile court were to close the case without such an order, both parents, including the one deemed unfit, would by default be entitled to equal custodial and decision-making rights to the child.

A bridge order allows the juvenile court to close a CINA case by entering an order determining custody and visitation and then transferring jurisdiction to the district court. Previously, the juvenile court would have to grant a concurrent jurisdiction order, if there was a parent able to file a district court case seeking custody. The juvenile court would often hold a case open until a final custody decree was entered in district court, which at times can take a significant period of time. With the bridge order, the juvenile court can ensure that there is a permanent custody and visitation order and then close the juvenile case as soon as the order transferring jurisdiction is entered. There is already a similar option in cases where the juvenile court places a child with a guardian following a permanency hearing. In such a case, the court has option of closing the CINA case by transferring jurisdiction over the child’s guardianship to the probate court.

Any party to the CINA proceeding, including the court itself, may file a motion for a bridge order. However, the following criteria must exist before a case can be transferred:

  1. The child has been adjudicated a child in need of assistance in an active juvenile court case, and a dispositional order in that case is in place.
  2. Paternity of the child has been legally established.
  3. The child is safely placed by the juvenile court with a parent.
  4. There is not a current district court order for custody in place.
  5. The juvenile court has determined that the child in need of assistance case can safely close once orders for custody, physical care, and visitation are entered by the district court.
  6. A parent qualified for a court-appointed attorney in the juvenile court case.

Once a bridge order issues, a new case is created in district court without payment of filing fees or court costs. At that point, the Department of Human Services and the state are no longer interested parties; the case becomes a civil custody case between private parties, however the district court takes judicial notice of the entire juvenile file.

Unlike standard custody cases where child support can be determined in addition to issues of custody, physical care and visitation, only the issues of custody, physical care and visitation are addressed in cases filed through a bridge order. Child support needs to be filed separately, either by filing a separate petition in district court or going through the Child Support Recovery Unit.

There is one other distinction to note between a standard custody case and a case filed through a bridge order. The distinction occurs if one party is interested in modifying a bridge order. In a typical custody modification case, the legal standard is whether there has been a substantial change in circumstances that was not considered at the time of the original order and whether the change is in the best interests of the child. If a bridge order has been entered and a party wishes to modify the order, as long as the petition is filed within one year of the filing date of the bridge order, the party does not have to show a substantial change has occurred. Instead, the party need only show the modification is in the best interest of the child. After a year has passed, the case is treated the same way as any modification.

Iowa Legal Aid provides free legal assistance to low-income Iowans in all 99 counties with civil legal problems involving basic necessities and safety. Information about family and juvenile law matters and other civil legal issues is available on Iowa Legal Aid’s websites, www.iowalegalaid.org and www.probono.net/iowa. Probono.net/iowa is a free, members only site that provides a comprehensive collection of information on legal topics, upcoming events including continuing legal education opportunities, and resources on civil law practice for members of Iowa’s justice community.

Sours: https://www.pcbaonline.org/the-adoption-of-bridge-orders-allowing-transfer-of-jurisdiction-related-to-cina-cases/
Code Iowa

Statutes: Iowa

Updated: 

October 30, 2020

Current with legislation from the 2020 Regular Session. Please check to make sure there have been no changes since this time. You will find these and additional statutes and important information on the Iowa Legislature website.

Updated: 

October 30, 2020

Updated: 

October 30, 2020

Updated: 

October 30, 2020

Updated: 

October 30, 2020

1. A vulnerable elder or a substitute petitioner may seek relief from elder abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state all of the following:
a. The name of the vulnerable elder and the name and address of the vulnerable elder’s attorney, if any. If the vulnerable elder is proceeding pro se, the petition shall state a mailing address for the vulnerable elder.
b. The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable elder, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall state a mailing address for the substitute petitioner.
c. The name and address, if known, of the defendant.
d. The relationship of the vulnerable elder to the defendant.
e. The nature of the alleged elder abuse.
f. The name and age of any other individual whose welfare may be affected.
g. The desired relief, including a request for temporary or emergency orders.
2. A temporary or emergency order may be based on a showing of a prima facie case of elder abuse. If the factual basis for the alleged elder abuse is contested, the court shall issue a protective order based upon a finding of elder abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for protection and in a contempt action resulting from an order granted under this chapter or chapter 664A shall be waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff.
c. When a permanent order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs.
d. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in the state, and any other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
4. If the person against whom relief from elder abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.
5. If a substitute petitioner files a petition under this section on behalf of a vulnerable elder, the vulnerable elder shall retain the right to all of the following:
a. To contact and retain counsel.
b. To have access to personal records.
c. To file objections to the protective order.
d. To request a hearing on the petition.
e. To present evidence and cross-examine witnesses at the hearing.

Updated: 

October 30, 2020

As used in this chapter, unless the context otherwise requires:

1. “Attorney in fact” means an agent under a power of attorney pursuant to chapter 633B or an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B.

2. “Caretaker” means a related or nonrelated person who has the responsibility for the protection, care, or custody of a vulnerable elder as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court. “Caretaker” does not include a caretaker as defined in section 235E.1.

3. “Coercion” means communication or conduct which unduly compels a vulnerable elder to act or refrain from acting against the vulnerable elder’s will and against the vulnerable elder’s best interests.

4. “Conservator” means the same as defined in section 633.3.

5. a. “Elder abuse” means any of the following:

(1) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a vulnerable elder by a person not otherwise governed by chapter 235E.

(2) The commission of a sexual offense under chapter 709 or section 726.2 with or against a vulnerable elder.

(3) Neglect which is the deprivation of the minimum food, shelter, clothing, supervision, or physical or mental health care, or other care necessary to maintain a vulnerable elder’s life or health by a caretaker.

(4) Financial exploitation.

b. “Elder abuse” does not include any of the following:

(1) Circumstances in which the vulnerable elder declines medical treatment if the vulnerable elder holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.

(2) Circumstances in which the vulnerable elder’s caretaker, acting in accordance with the vulnerable elder’s stated or implied consent, declines medical treatment if the vulnerable elder holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.

(3) The withholding or withdrawing of health care from a vulnerable elder who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the vulnerable elder or at the request of the vulnerable elder’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.

(4) Good faith assistance by a family or household member or other person in managing the financial affairs of a vulnerable elder at the request of the vulnerable elder or at the request of a family member, guardian, or conservator of the vulnerable elder.

6. “Family or household member” means a spouse, a person cohabiting with the vulnerable elder, a parent, or a person related to the vulnerable elder by consanguinity or affinity, but does not include children of the vulnerable elder who are less than eighteen years of age.

7. “Fiduciary” means a person or entity with the legal responsibility to make decisions on behalf of and for the benefit of a vulnerable elder and to act in good faith and with fairness. “Fiduciary” includes but is not limited to an attorney in fact, a guardian, or a conservator.

8. “Financial exploitation” relative to a vulnerable elder means when a person stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings, or assets of the vulnerable elder.

9. “Guardian” means the same as defined in section 633.3.

10. “Peace officer” means the same as defined in section 801.4.

11. “Plaintiff” means a vulnerable elder who files a petition under this chapter and includes a substitute petitioner who files a petition on behalf of a vulnerable elder under this chapter.

12. “Present danger of elder abuse” means a situation in which the defendant has recently threatened the vulnerable elder with initial or additional elder abuse, or the potential exists for misappropriation, misuse, or removal of the funds, benefits, property, resources, belongings, or assets of the vulnerable elder combined with reasonable grounds to believe that elder abuse is likely to occur.

13. “Pro se” means a person proceeding on the person’s own behalf without legal representation.

14. “Stands in a position of trust or confidence” means the person has any of the following relationships relative to the vulnerable elder:

a. Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the vulnerable elder.

b. Is a caretaker for the vulnerable elder.

c. Is a person who is in a confidential relationship with the vulnerable elder. For the purposes of this paragraph “c”, a confidential relationship does not include a legal, fiduciary, or ordinary commercial or transactional relationship the vulnerable elder may have with a bank incorporated under the provisions of any state or federal law, any savings and loan association or savings bank incorporated under the provisions of any state or federal law, any credit union organized under the provisions of any state or federal law, any attorney licensed to practice law in this state, or any agent, agency, or company regulated under chapter 505, 508, 515, or 543B.

15. “Substitute petitioner” means a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder, or other interested person who files a petition under this chapter.

16. “Undue influence” means taking advantage of a person’s role, relationship, or authority to improperly change or obtain control over the actions or decision making of a vulnerable elder against the vulnerable elder’s best interests.17. “Vulnerable elder” means a person sixty years of age or older who is unable to protect himself or herself from elder abuse as a result of a mental or physical condition or because of a personal circumstance which results in an increased risk of harm to the person.

Updated: 

October 30, 2020

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 elder abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to protect the vulnerable elder from elder abuse prior to the hearing, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
4. Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
5. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
6. At the hearing, the allegation of elder abuse may be proven as required under subsection 1 by but is not limited to the testimony from any of the following:
a. The vulnerable elder.
b. The guardian, conservator, attorney in fact, or guardian ad litem of the vulnerable elder.
c. Witnesses to the elder abuse.
d. Adult protective services workers who have conducted an investigation.
7. The court shall exercise its discretion in a manner that protects the vulnerable elder from traumatic confrontation with the defendant.
8. Hearings shall be recorded.

Updated: 

October 30, 2020

1. Upon a finding that the defendant has engaged in elder abuse, the court may, if requested by the plaintiff, order any of the following:
a. That the defendant be required to move from the residence of the vulnerable elder if both the vulnerable elder and the defendant are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other.
b. That the defendant provide suitable alternative housing for the vulnerable elder.
c. That a peace officer accompany the party who is leaving or has left the party’s residence to remove essential personal effects of the party.
d. That the defendant be restrained from abusing, harassing, intimidating, molesting, interfering with, or menacing the vulnerable elder, or attempting to abuse, harass, intimidate, molest, interfere with, or menace the vulnerable elder.
e. That the defendant be restrained from entering or attempting to enter on any premises when it appears to the court that such restraint is necessary to prevent the defendant from abusing, harassing, intimidating, molesting, interfering with, or menacing the vulnerable elder.
f. That the defendant be restrained from exercising any powers on behalf of the vulnerable elder through a court-appointed guardian, conservator, or guardian ad litem, an attorney in fact, or another third party.
g. In addition to the relief provided in subsection 2, other relief that the court considers necessary to provide for the safety and welfare of the vulnerable elder.
2. If the court finds that the vulnerable elder has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including but not limited to any of the following:
a. Directing the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the vulnerable elder.
b. Requiring the defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the vulnerable elder.
c. Requiring the defendant to follow the instructions of the guardian, conservator, or attorney in fact of the vulnerable elder.
d. Prohibiting the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the vulnerable elder to any person other than the vulnerable elder.
3. The court shall not issue an order under this section that does any of the following:
a. Allows any person other than the vulnerable elder to assume responsibility for the funds, benefits, property, resources, belongings, or assets of the vulnerable elder.
b. Grants relief that is more appropriately obtained in a protective proceeding filed under chapter 633 including but not limited to giving control and management of the funds, benefits, property, resources, belongings, or assets of the vulnerable elder to a guardian, conservator, or attorney in fact for any purpose other than the relief granted under subsection 2.
4. The court may approve a consent agreement between the parties entered into to bring about the cessation of elder abuse. A consent agreement approved under this section shall not contain any of the following:
a. A provision that prohibits any party to the action from contacting or cooperating with any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer if the defendant’s professional responsibilities include contact with vulnerable elders, dependent adults, or minors, if the party contacting or cooperating has a good-faith belief that the information is relevant to the duties or responsibilities of the entity.
b. A provision that prohibits any party to the action from filing a complaint with or reporting a violation of law to any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer.
c. A provision that requires any party to the action to withdraw a complaint filed with or a violation reported to any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer.
5. A protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the vulnerable elder, persons residing with the vulnerable elder, or members of the vulnerable elder’s immediate family, or continues to present a risk of financial exploitation of the vulnerable elder. The number of extensions that may be granted by the court is not limited.
6. The order shall state whether a person is to be taken into custody by a peace officer for a violation of the terms stated in the order.
7. The court may order that the defendant pay the attorney fees and court costs of the vulnerable elder or substitute petitioner.
8. An order or approved consent agreement under this section shall not affect title to real property.
9. A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all individuals previously notified.
10. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
11. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.

Updated: 

October 30, 2020

1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 235F.6, subsection 1 or 2, if the district judge or district associate judge deems it necessary to protect the vulnerable elder from elder abuse, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 235F.5.
3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 235F.2.

Updated: 

October 30, 2020

Updated: 

October 30, 2020

This chapter may be cited as the “Domestic Abuse Act”.

Updated: 

October 30, 2020

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 time of the assault.

b. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.

c. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.

d. The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.

e. The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:

(1) The duration of the relationship.

(2) The frequency of interaction.

(3) Whether the relationship has been terminated.

(4) The nature of the relationship, characterized by either party’s
expectation of sexual or romantic involvement.

A person may be involved in an intimate relationship with more than one person at a time.

3. “Emergency shelter services” include, but are not limited to, secure crisis shelters or housing for victims of domestic abuse.

4. a. “Family or household members” means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.

b. “Family or household members” does not include children under age eighteen of persons listed in paragraph “a”.

5. “Intimate relationship” means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.

6. “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.

7. “Pro se” means a person proceeding on the person’s own behalf without legal representation.

8. “Support services” include, but are not limited to, legal services, counseling services, transportation services, child care services, and advocacy services.

Updated: 

October 30, 2020

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 and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 236.10.
b. Name and address of the parent or guardian filing the petition, if the petition is being filed on behalf of an unemancipated minor. A mailing address may be provided by the plaintiff pursuant to section 236.10.
c. Name and address, if known, of the defendant.
d. Relationship of the plaintiff to the defendant.
e. Nature of the alleged domestic abuse.
f. Name and age of each child under eighteen whose welfare may be affected by the controversy.
g. Name or description of any pet or companion animal owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. However, this paragraph shall not apply to livestock as defined in section 717.1, held solely or primarily for commercial purposes.
h. Desired relief, including a request for temporary or emergency orders.
2. A temporary or emergency order shall be based on a showing of a prima facie case of domestic abuse. If the factual basis for the alleged domestic abuse is contested, the court shall issue a protective order based upon a finding of domestic abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for protection and in a contempt action under this chapter shall be waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff. When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state, and other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
4. If the person against whom relief from domestic abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.

Updated: 

October 30, 2020

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 exclusive forms used by plaintiffs proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district courts.

2. The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.

Updated: 

October 30, 2020

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 create a conflict of interest for the county attorney’s office. The assistance provided may include, but is not limited to, assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.

Updated: 

October 30, 2020

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 temporary order it deems necessary to protect the plaintiff from domestic abuse prior to the hearing, including temporary custody or visitation orders pursuant to subsection 3, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection. A temporary order issued pursuant to this subsection shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent order pursuant to section 236.5.
3. The court may award temporary custody of or establish temporary visitation rights with regard to children under eighteen years of age. In awarding temporary custody or temporary visitation rights, the court shall give primary consideration to the safety of the alleged victim and the children. If the court finds that the safety of the alleged victim or the children will be jeopardized by unsupervised or unrestricted visitation, the court shall set conditions or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of the victim and the children. The court shall also determine whether any other existing orders awarding custody or visitation should be modified.
4. The court may include in the temporary order issued pursuant to this section a grant to the petitioner of the exclusive care, possession, or control of any pets or companion animals owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. The court may forbid the respondent from approaching, taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the pet or companion animal. This subsection shall not apply to livestock as defined in section 717.1, held solely or primarily for commercial purposes.
5. If a hearing is continued, the court may make or extend any temporary order under subsection 2, 3, or 4 that it deems necessary.
6. Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
7. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
8. Prior to the entry of a temporary order under this section that involves a child-custody determination as defined in section 598B.102, the plaintiff shall furnish information to the court in compliance with section 598B.209.
9. Hearings shall be recorded.

Updated: 

October 30, 2020

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 counseling shall be paid in full or in part by the parties and taxed as court costs. If the court determines that the parties are unable to pay the costs, they may be paid in full or in part from the county treasury.

b. The court may grant a protective order or approve a consent agreement which may contain but is not limited to any of the following provisions:

(1) That the defendant cease domestic abuse of the plaintiff.

(02) That the defendant not knowingly possess, ship, transport, or receive firearms, offensive weapons, and ammunition in violation of section 724.26, subsection 2.

(2) That the defendant grant possession of the residence to the plaintiff to the exclusion of the defendant or that the defendant provide suitable alternate housing for the plaintiff.

(3) That the defendant stay away from the plaintiff’s residence, school, or place of employment.

(4) The awarding of temporary custody of or establishing temporary visitation rights with regard to children under eighteen.

(a) In awarding temporary custody or temporary visitation rights, the court shall give primary consideration to the safety of the victim and the children.

(b) If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of the victim and the children.

(c) The court shall also determine whether any other existing orders awarding custody or visitation rights should be modified.

(d) Prior to entry of an order or agreement under this section that involves a child-custody determination as defined in section 598B.102, the parties shall furnish information to the court in compliance with section 598B.209.

(5) Unless prohibited pursuant to 28 U.S.C. § 1738B, that the defendant pay the clerk a sum of money for the separate support and maintenance of the plaintiff and children under eighteen.

2. An order for counseling, a protective order, or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family. At the time of the extension, the parties need not meet the requirement in section 236.2, subsection 2, paragraph “d”, that the parties lived together during the last year if the parties met the requirements of section 236.2, subsection 2, paragraph “d”, at the time of the original order. The number of extensions that can be granted by the court is not limited.

3. The order shall state whether a person is to be taken into custody by a peace officer for a violation of the terms stated in the order.

4. The court may order that the defendant pay the plaintiff’s attorney fees and court costs.

5. An order or consent agreement under this section shall not affect title to real property.

6. A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all individuals and the county sheriff previously notified.

7. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.

8. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.

Updated: 

October 30, 2020

1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236.5, subsection 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from domestic abuse, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection.

2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 236.4.

3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 236.3.

Updated: 

October 30, 2020

1. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.

2. The plaintiff’s right to relief under this chapter is not affected by leaving the residence or household to avoid domestic abuse.

Updated: 

October 30, 2020

Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving domestic abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety.

The department of public safety may compile statistics and issue reports on domestic abuse in Iowa, provided individual identifying details of the domestic abuse are deleted. The statistics and reports may include non-identifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide non-identifying information on individual incidents of domestic abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.

Updated: 

October 30, 2020

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 of a shelter or other agency.

b. A public or private post office box.

c. Any other mailing address, with the permission of the resident of that address.

2. A person shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.

3. The entire file or a portion of the file in a domestic abuse case shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.

4. Notwithstanding subsection 3, court orders and support payment records shall remain public records, although the court may order that address and location information be redacted from the public records.

Updated: 

October 30, 2020

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 or sentencing order in a criminal prosecution arising from a domestic abuse assault, or a protective order under chapter 232. If a peace officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a domestic abuse assault, or, if the person is an adult, a violation of a protective order under chapter 232, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and that the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.

If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, a temporary or permanent protective order or order to vacate the homestead under chapter 598, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a domestic abuse assault, or a protective order under chapter 232, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or arrest warrant should be issued, or refer the matter to the county attorney.

If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.

A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another.

Updated: 

October 30, 2020

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 there is a danger to an abused person’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain on the scene, assisting the person in leaving the residence.

b. Assisting an abused person in obtaining medical treatment necessitated by an assault, including providing assistance to the abused person in obtaining transportation to the emergency room of the nearest hospital.

c. Providing an abused person with immediate and adequate notice of the person’s rights. The notice shall consist of handing the person a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following statement of rights written in English and Spanish; asking the person to read the document; and asking whether the person understands the rights:

[1] You have the right to ask the court for the following help on a temporary basis:

[a] Keeping your attacker away from you, your home and your place of work.

[b] The right to stay at your home without interference from your attacker.

[c] Getting custody of children and obtaining support for yourself and your minor children if your attacker is legally required to provide such support.

[d] Professional counseling for you, the children who are members of the household, and the defendant.

[2] You have the right to seek help from the court to seek a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs.

[3] You have the right to file criminal charges for threats, assaults, or other related crimes.

[4] You have the right to seek restitution against your attacker for harm to yourself or your property.

[5] If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.

[6] If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.

2. a. A peace officer may, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “a”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed which did not result in any injury to the alleged victim.

b. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “b”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed which resulted in the alleged victim’s suffering a bodily injury.

c. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “c”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed with the intent to inflict a serious injury.

d. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “c”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed and that the alleged abuser used or displayed a dangerous weapon in connection with the assault.

e. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 2, paragraph “d”, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.

f. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant, arrest a person under section 708.2A, subsection 5, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that a domestic abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury.

3. As described in subsection 2, paragraph “b”, “c”, “d”, “e”, or “f”, the peace officer shall arrest the person whom the peace officer believes to be the primary physical aggressor. The duty of the officer to arrest extends only to those persons involved who are believed to have committed an assault. Persons acting with justification, as defined in section 704.3, are not subject to mandatory arrest. In identifying the primary physical aggressor, a peace officer shall consider the need to protect victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. A peace officer’s identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely upon the absence of visible indications of injury or impairment.

4. A peace officer is not civilly or criminally liable for actions pursuant to this section taken in good faith.

Updated: 

October 30, 2020

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 non-judicial procedures prior to judicial resolution of the action.

Updated: 

October 30, 2020

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 support services to victims of domestic abuse or sexual assault. The application shall be submitted on a form prescribed by the department and shall include, but not be limited to, information regarding services to be provided, budget, and security measures.

Updated: 

October 30, 2020

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. Designate and award moneys for publicizing and staffing a statewide, toll-free telephone hotline for use by victims of domestic abuse. The department may award a grant to a public agency or a private, nonprofit organization for the purpose of operating the hotline. The operation of the hotline shall include informing victims of their rights and of various community services that are available, referring victims to service providers, receiving complaints concerning misconduct by peace officers and encouraging victims to refer such complaints to the office of ombudsman, providing counseling services to victims over the telephone, and providing domestic abuse victim advocacy.

d. Advertise the toll-free telephone hotline through the use of public service announcements, billboards, print and broadcast media services, and other appropriate means, and contact media organizations to encourage the provision of free or inexpensive advertising concerning the hotline and its services.

e. Develop, with the assistance of the entity operating the telephone hotline and other domestic abuse victim services providers, brochures explaining the rights of victims set forth under section 236.12 and the services of the telephone hotline, and distribute the brochures to law enforcement agencies, victim service providers, health practitioners, charitable and religious organizations, and other entities that may have contact with victims of domestic abuse.

2. The department shall consult and cooperate with all public and private agencies which may provide services to victims of domestic abuse, including but not limited to, legal services, social services, prospective employment opportunities, and unemployment benefits.

3. The department may accept, use, and dispose of contributions of money, services, and property made available by an agency or department of the state or federal government, or a private agency or individual.

Updated: 

October 30, 2020

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 of both civil and criminal remedies in domestic abuse matters.

2. The nature, extent, and causes of domestic abuse.

3. The legal rights and remedies available to domestic abuse victims, including crime victim compensation.

4. Services available to domestic abuse victims and their children, including the domestic abuse telephone hotline.

5. The mandatory arrest provisions of section 236.12, and other duties of peace officers pursuant to this chapter.

6. Techniques for intervention in domestic abuse cases.

Updated: 

October 30, 2020

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.

Updated: 

October 30, 2020

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 or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault if it had been entered in Iowa.

2. A certified or authenticated copy of a permanent foreign protective order may be filed with the clerk of the district court in any county that would have venue if the original action was being commenced in this state or in which the person in whose favor the order was entered may be present.

a. The clerk shall file foreign protective orders that are not certified or authenticated, if supported by an affidavit of a person with personal knowledge, subject to the penalties for perjury. The person protected by the order may provide this affidavit.

b. The clerk shall provide copies of the order as required by section 236.5, except that notice shall not be provided to the respondent without the express written direction of the person in whose favor the order was entered.

3. a. A valid foreign protective order has the same effect and shall be enforced in the same manner as a protective order issued in this state whether or not filed with a clerk of court or otherwise placed in a registry of protective orders.

b. A foreign protective order is valid if it meets all of the following:

(1) The order states the name of the protected individual and the individual against whom enforcement is sought.

(2) The order has not expired.

(3) The order was issued by a court or tribunal that had jurisdiction over the parties and subject matter under the law of the foreign jurisdiction.

(4) The order was issued in accordance with the respondent’s due process rights, either after the respondent was provided with reasonable notice and an opportunity to be heard before the court or tribunal that issued the order, or in the case of an ex parte order, the respondent was granted notice and opportunity to be heard within a reasonable time after the order was issued.

c. Proof that a foreign protective order failed to meet all of the factors listed in paragraph “b” shall be an affirmative defense in any action seeking enforcement of the order.

4. A peace officer shall treat a foreign protective order as a valid legal document and shall make an arrest for a violation of the foreign protective order in the same manner that a peace officer would make an arrest for a violation of a protective order issued within this state.

a. The fact that a foreign protective order has not been filed with the clerk of court or otherwise placed in a registry shall not be grounds to refuse to enforce the terms of the order unless it is apparent to the officer that the order is invalid on its face.

b. A peace officer acting reasonably and in good faith in connection with the enforcement of a foreign protective order shall be immune from civil and criminal liability in any action arising in connection with such enforcement.

5. Filing and service costs in connection with foreign protective orders are waived as provided in section 236.3.

Updated: 

October 30, 2020

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.

Updated: 

October 30, 2020

Updated: 

October 30, 2020

For purposes of this chapter, unless a different meaning is clearly indicated by the context:
1. “Department” means the department of justice.
2. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of sexual abuse.
3. “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.
4. “Pro se” means proceeding on one’s own behalf without legal representation.
5. “Sexual abuse” means any commission of a crime defined in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also means any commission of a crime in another jurisdiction under a statute that is substantially similar to any crime defined in chapter 709 or section 726.2 or 728.12.
6. “Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.

Updated: 

October 30, 2020

1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie where either the plaintiff or defendant resides. The petition shall state the following:
a. Name of the plaintiff and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
b. Name and address of the parent or guardian filing the petition, if the petition is being filed on behalf of an unemancipated minor. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
c. Name and address, if known, of the defendant.
d. Nature of the alleged sexual abuse.
e. Name and age of each child under eighteen whose welfare may be affected by the controversy.
f. Desired relief, including a request for temporary or emergency orders.
2. A temporary or emergency order shall be based on a showing of a prima facie case of sexual abuse. If the factual basis for the alleged sexual abuse is contested, the court shall issue a protective order based upon a finding of sexual abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for protection and in a contempt action under this chapter shall be waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff. When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state and other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
4. If the person against whom relief from sexual abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.

Updated: 

October 30, 2020

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 exclusive forms used by plaintiffs proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district court.
2. The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.

Updated: 

October 30, 2020

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 person or plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include but is not limited to assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.

Updated: 

October 30, 2020

1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the defendant, a hearing shall be held at which the plaintiff must prove the allegation of sexual abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to protect the plaintiff from sexual abuse prior to the hearing upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
4. Upon application of the plaintiff or defendant, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
5. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
6. Hearings shall be recorded.

Updated: 

October 30, 2020

1. Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order or approve a consent agreement which may contain but is not limited to any of the following provisions:
a. That the defendant cease sexual abuse of the plaintiff.
b. That the defendant stay away from the plaintiff’s residence, school, or place of employment.
2. An order for a protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by the plaintiff or defendant and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the plaintiff, persons residing with the plaintiff, or members of the plaintiff’s immediate family. The number of extensions that can be granted by the court is not limited.
3. The order shall state whether the defendant is to be taken into custody by a peace officer for a violation of the terms stated in the order.
4. The court may order that the defendant pay the plaintiff’s attorney fees and court costs.
5. An order or consent agreement under this section shall not affect title to real property.
6. A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all persons and the county sheriff previously notified.
7. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
8. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.

Updated: 

October 30, 2020

1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236A.7, subsection 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from sexual abuse, upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 236A.6.
3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 236A.3.

Updated: 

October 30, 2020

1. A plaintiff seeking relief from sexual 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 of a shelter or other agency.

b. A public or private post office box.

c. Any other mailing address, with the permission of the resident of that address.

2. A plaintiff shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.

3. The entire file or a portion of the file in a sexual abuse case shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.4. Notwithstanding subsection 3, court orders and support payment records shall remain public records, although the court may order that address and location information be redacted from the public records.

Updated: 

October 30, 2020

236A.12. Duties of peace officer–magistrate

Currentness

1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232. If a peace officer has reason to believe that sexual abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four-hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from sexual abuse, or, if the person is an adult, a violation of a protective order under chapter 232, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and that the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.

2. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or arrest warrant should be issued, or refer the matter to the county attorney.

3. If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.

4. A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts reasonably and in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another.

Updated: 

October 30, 2020

1. If a peace officer has reason to believe that sexual 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 there is a danger to an abused person’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain on the scene, assisting the person in leaving the residence.

b. Assisting an abused person in obtaining medical treatment necessitated by an assault, including providing assistance to the abused person in obtaining transportation to the emergency room of the nearest hospital.

c. Providing an abused person with immediate and adequate notice of the person’s rights. The notice shall consist of handing the person a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following statement of rights written in English and Spanish; asking the person to read the document; and asking whether the person understands the rights:

[1] You have the right to ask the court for the following help on a temporary basis:

[a] Keeping your attacker away from you, your home, and your place of work.

[b] The right to stay at your home without interference from your attacker.

[2] You have the right to seek help from the court to seek a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs.

[3] You have the right to file criminal complaints for threats, assaults, or other related crimes.

[4] You have the right to seek restitution against your attacker for harm to yourself or your property.

[5] If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.

[6] If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected persons can leave or until safety is otherwise ensured.2. A peace officer is not civilly or criminally liable for actions pursuant to this section taken reasonably and in good faith.

Updated: 

October 30, 2020

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.

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October 30, 2020

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October 30, 2020

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October 30, 2020

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October 30, 2020

The district court has original jurisdiction of the subject matter of this chapter. Venue shall be in the county where either party resides.

Updated: 

October 30, 2020

1. The petition for dissolution of marriage shall:

a. State the name, birth date, address and county of residence of the petitioner and the name and address of the petitioner’s attorney.

b. State the place and date of marriage of the parties.

c. State the name, birth date, address and county of residence, if known, of the respondent.

d. State the name and age of each minor child by date of birth whose welfare may be affected by the controversy.

e. State whether or not a separate action for dissolution of marriage or child support has been commenced and whether such action is pending in any court in this state or elsewhere. State whether the entry of an order would violate 28 U.S.C. § 1738B. If there is an existing child support order, the party shall disclose identifying information regarding the order.

f. Allege that the petition has been filed in good faith and for the purposes set forth therein.

g. Allege that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

h. Set forth any application for temporary support of the petitioner and any children without enumerating the amounts thereof.

i. Set forth any application for permanent alimony or support, child custody, or disposition of property, as well as attorney fees and suit money, without enumerating the amounts thereof.

j. State whether the appointment of a conciliator pursuant to section 598.16 may preserve the marriage.

k. Except where the respondent is a resident of this state and is served by personal service, state that the petitioner has been for the last year a resident of the state, specifying the county in which the petitioner has resided and the length of such residence in the state after deducting all absences from the state, and that the maintenance of the residence has been in good faith and not for the purpose of obtaining a dissolution of marriage only.

2. The petition shall be verified by the petitioner.

3. The allegations of the petition shall be established by competent evidence.

Updated: 

October 30, 2020

A decree dissolving the marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The decree shall state that the dissolution is granted to the parties, and shall not state that it is granted to only one party.

If at the time of trial petitioner fails to present satisfactory evidence that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the respondent may then proceed to present such evidence as though the respondent had filed the original petition.

A dissolution of marriage granted when one of the spouses has mental illness shall not relieve the other spouse of any obligation imposed by law as a result of the marriage for the support of the spouse with mental illness. The court may make an order for the support or may waive the support obligation when satisfied from the evidence that it would create an undue hardship on the obliged spouse or that spouse’s other dependents.

Updated: 

October 30, 2020

1. Criteria for determining support. Upon every judgment of annulment, dissolution, or separate maintenance, the court may grant an order requiring support payments to either party for a limited or indefinite length of time after considering all of the following:

a. The length of the marriage.

b. The age and physical and emotional health of the parties.

c. The distribution of property made pursuant to section 598.21.

d. The educational level of each party at the time of marriage and at the time the action is commenced.

e. The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.

f. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal.

g. The tax consequences to each party.

h. Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party.

i. The provisions of an antenuptial agreement.

j. Other factors the court may determine to be relevant in an individual case.

2. Necessary content of order. Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.

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October 30, 2020

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October 30, 2020

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October 30, 2020

For purposes of this chapter:
1. “No-contact order” means a court order issued in a criminal proceeding requiring the defendant to have no contact with the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, and to refrain from harassing the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
2. “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 235F, a court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A, or a civil injunction issued pursuant to section 915.22.
3. “Victim” means a person who has suffered physical, emotional, or financial harm as a result of a public offense, as defined in section 701.2, committed in this state.

Updated: 

October 30, 2020

1. This chapter applies to no-contact orders issued for violations or alleged violations of sections 708.2A, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim.
2. A protective order issued in a civil proceeding shall be issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915. Punishment for a violation of a protective order shall be imposed pursuant to section 664A.7.

Updated: 

October 30, 2020

1. When a person is taken into custody for contempt proceedings pursuant to section 236.11, taken into custody pursuant to section 236A.12, or arrested for any public offense referred to in section 664A.2, subsection 1, and the person is brought before a magistrate for initial appearance, the magistrate shall enter a no-contact order if the magistrate finds both of the following:
a. Probable cause exists to believe that any public offense referred to in section 664A.2, subsection 1, or a violation of a no-contact order, protective order, or consent agreement has occurred.
b. The presence of or contact with the defendant poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s family.
2. Notwithstanding chapters 804 and 805, a person taken into custody pursuant to section 236.11 or 236A.12 or arrested pursuant to section 236.12 may be released on bail or otherwise only after initial appearance before a magistrate as provided in chapter 804 and the rules of criminal procedure or section 236.11 or 236A.12, whichever is applicable.
3. A no-contact order issued pursuant to this section shall be issued in addition to any other conditions of release imposed by a magistrate pursuant to section 811.2. The no-contact order has force and effect until it is modified or terminated by subsequent court action in a contempt proceeding or criminal or juvenile court action and is reviewable in the manner prescribed in section 811.2. Upon final disposition of the criminal or juvenile court action, the court shall terminate or modify the no-contact order pursuant to section 664A.5.
4. A no-contact order requiring the defendant to have no contact with the alleged victim’s children shall prevail over any existing order which may be in conflict with the no-contact order.
5. A no-contact order issued pursuant to this section shall restrict the defendant from having contact with the victim, persons residing with the victim, or the victim’s immediate family.
6. A no-contact order issued pursuant to this section shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent no-contact order pursuant to section 664A.5.

Updated: 

October 30, 2020

1. The clerk of the district court or other person designated by the court shall provide a copy of the no-contact order to the victim pursuant to this chapter and chapter 915.
2. The clerk of the district court shall provide a notice and copy of the no-contact order to the appropriate law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies in the same manner as provided in section 235F.6, 236.5, or 236A.7, as applicable. The clerk of the district court shall provide a notice and copy of a modification or vacation of a no-contact order in the same manner.

Updated: 

October 30, 2020

1. In lieu of personal service of a no-contact order or a protective order on a person whose activities are restrained by the order, a sheriff of any county in this state or any peace officer or corrections officer in this state may serve the person with a short-form notification pursuant to this section to effectuate service of an unserved no-contact order or protective order.

2. Service of a short-form notification under this section shall be allowed during traffic stops and other contacts with the person by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties. The person may be detained for a reasonable period of time to complete the short-form notification process.

3. When the short-form notification process is complete, the sheriff, peace officer, or corrections officer serving the notification shall file a copy of the notification with the clerk of the district court. The filing shall indicate the date and time the notification was served on the person.

4. The short-form notification shall be on a form prescribed by the state court administrator. The state court administrator shall prescribe rules relating to the content and distribution of the form to appropriate law enforcement agencies in this state. The form shall include but not be limited to all of the following statements:

a. The person shall have no contact with the protected party.

b. The person is responsible for obtaining a full copy of the no-contact order or the protective order from the county sheriff of the county in which the order was entered or from the clerk of the district court.

c. The terms and conditions of the no-contact order or protective order are enforceable, and the person is subject to arrest for violating the no-contact order or the protective order.

Updated: 

October 30, 2020

If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915, the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.

Updated: 

October 30, 2020

1. If a peace officer has probable cause to believe that a person has violated a no-contact order issued under this chapter, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody.

2. If the peace officer is investigating a domestic abuse assault pursuant to section 708.2A, the officer shall also comply with sections 236.11 and 236.12.

3. A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided the peace officer acts in good faith and on reasonable grounds and the peace officer’s acts do not constitute a willful or wanton disregard for the rights or safety of another.

Updated: 

October 30, 2020

1. Violation of a no-contact order issued under this chapter or a protective order issued pursuant to chapter 232, 235F, 236, 236A, or 598, including a modified no-contact order, is punishable by summary contempt proceedings.
2. A hearing in a contempt proceeding brought pursuant to this section shall be held not less than five and not more than fifteen days after the issuance of a rule to show cause, as determined by the court.
3. If convicted of or held in contempt for a violation of a no-contact order or a modified no-contact order for a public offense referred to in section 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to section 236.11 or 236A.12, the person shall be confined in the county jail for a minimum of seven days. A jail sentence imposed pursuant to this subsection shall be served on consecutive days. No portion of the mandatory minimum term of confinement imposed by this subsection shall be deferred or suspended. A deferred judgment, deferred sentence, or suspended sentence shall not be entered for a violation of a no-contact order, modified no-contact order, or protective order and the court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence.
4. If convicted or held in contempt for a violation of a civil protective order referred to in section 664A.2, the person shall serve a jail sentence. A jail sentence imposed pursuant to this subsection shall be served on consecutive days. A person who is convicted of or held in contempt for a violation of a protective order referred to in section 664A.2 may be ordered by the court to pay the plaintiff’s attorney’s fees and court costs.
5. Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
6. A person shall not be held in contempt or convicted of violations under multiple no-contact orders, protective orders, or consent agreements, for the same set of facts and circumstances that constitute a single violation.

Updated: 

October 30, 2020

Upon the filing of an application by the state or by the victim of any public offense referred to in section 664A.2, subsection 1 which is filed within ninety days prior to the expiration of a modified no-contact order, the court shall modify and extend the no-contact order for an additional period of five years, unless the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family. The number of modifications extending the no-contact order permitted by this section is not limited.

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October 30, 2020

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October 30, 2020

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October 30, 2020

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October 30, 2020

1. An assault as defined in this section is a general intent crime.

2. A person commits an assault when, without justification, the person does any of the following:

a. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

b. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

c. Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.

3. An act described in subsection 2 shall not be an assault under the following circumstances:

a. If the person doing any of the enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.

b. If the person doing any of the enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

Updated: 

October 30, 2020

1. For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”.
2. On a first offense of domestic abuse assault, the person commits:
a. A simple misdemeanor for a domestic abuse assault, except as otherwise provided.
b. A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness.
c. An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.
d. An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
3. Except as otherwise provided in subsection 2, on a second domestic abuse assault, a person commits:
a. A serious misdemeanor, if the first offense was classified as a simple misdemeanor, and the second offense would otherwise be classified as a simple misdemeanor.
b. An aggravated misdemeanor, if the first offense was classified as a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor.
4. On a third or subsequent offense of domestic abuse assault, a person commits a class “D” felony.
5. For a domestic abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person, and causing bodily injury, the person commits a class “D” felony.
6. a. A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.
b. For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or this section, which were issued on domestic abuse assaults, and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.
c. An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.
7. a. A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or this section which was issued on a domestic abuse assault.
b. A person convicted of a violation referred to in subsection 4 shall be sentenced as provided under section 902.13.
8. If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
9. The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 236.5. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
10. In addition to the mandatory minimum term of confinement imposed by subsection 7, paragraph “a”, the court shall order a person convicted under subsection 2 or 3 to participate in a batterers’ treatment program as required under section 708.2B. In addition, as a condition of deferring judgment or sentence pursuant to section 907.3, the court shall order the person to participate in a batterers’ treatment program. The clerk of the district court shall send a copy of the judgment or deferred judgment to the judicial district department of correctional services.

Updated: 

October 30, 2020

1. As used in this section, “district department” means a judicial district department of correctional services, established pursuant to section 905.2.

2. A person convicted of, or receiving a deferred judgment for, domestic abuse assault as defined in section 708.2A, shall report to the district department in order to participate in a batterers’ treatment program for domestic abuse offenders. In addition, a person convicted of, or receiving a deferred judgment for, an assault, as defined in section 708.1, which is domestic abuse, as defined in section 236.2, subsection 2, paragraph “e”, may be ordered by the court to participate in a batterers’ treatment program. Participation in the batterers’ treatment program shall not require a person to be placed on probation, but a person on probation may participate in the program.

Sours: https://www.womenslaw.org/laws/ia/statutes/all

Now discussing:

§232.1 - Rules of construction.PDFRTF§232.1A - Foster care placement — annual goal.PDFRTF§232.2 - Definitions.PDFRTF§232.3 - Concurrent court proceedings.PDFRTF§232.4 - Jurisdiction — support obligation.PDFRTF§232.5 - Abortion performed on a minor — waiver of notification proceedings.PDFRTF§232.6 - Jurisdiction — adoptions and terminations of parental rights.PDFRTF§232.7 - Iowa Indian child welfare Act.PDFRTF§232.8 - Jurisdiction.PDFRTF§232.9 - Motion for change of judge.PDFRTF§232.10 - Venue.PDFRTF§232.11 - Right to assistance of counsel.PDFRTF§232.12 - Duties of county attorney.PDFRTF§232.13 - State liability.PDFRTF§232.14PDFRTF§232.15PDFRTF§232.16PDFRTF§232.17PDFRTF§232.18PDFRTF§232.19 - Taking a child into custody.PDFRTF§232.20 - Admission of child to shelter care or detention.PDFRTF§232.21 - Placement in shelter care.PDFRTF§232.22 - Placement in detention.PDFRTF§232.23 - Detention — youthful offenders.PDFRTF§232.24PDFRTF§232.25PDFRTF§232.26PDFRTF§232.27PDFRTF§232.28 - Intake.PDFRTF§232.28A - Victim rights.PDFRTF§232.29 - Informal adjustment.PDFRTF§232.30PDFRTF§232.31PDFRTF§232.32PDFRTF§232.33PDFRTF§232.34PDFRTF§232.35 - Filing of petition.PDFRTF§232.36 - Contents of petition.PDFRTF§232.37 - Summons, notice, subpoenas, and service — order for removal.PDFRTF§232.38 - Presence of parents at hearings.PDFRTF§232.39 - Exclusion of public from hearings.PDFRTF§232.40 - Other issues adjudicated.PDFRTF§232.41 - Reporter required.PDFRTF§232.42 - Continuances.PDFRTF§232.43 - Answer — plea agreement — acceptance of plea admitting allegations of petition.PDFRTF§232.44 - Detention or shelter care hearing — release from detention upon change of circumstance.PDFRTF§232.45 - Waiver hearing and waiver of jurisdiction.PDFRTF§232.45A - Waiver to and conviction by district court — processing.PDFRTF§232.46 - Consent decree.PDFRTF§232.47 - Adjudicatory hearing — findings — adjudication.PDFRTF§232.48 - Predisposition investigation and report.PDFRTF§232.49 - Physical and mental examinations.PDFRTF§232.50 - Dispositional hearing.PDFRTF§232.51 - Disposition of child with mental illness.PDFRTF§232.52 - Disposition of child found to have committed a delinquent act.PDFRTF§232.52A - Disposition of certain juvenile offenders.PDFRTF§232.53 - Duration of dispositional orders.PDFRTF§232.54 - Termination, modification, or vacation and substitution of dispositional order.PDFRTF§232.55 - Effect of adjudication and disposition.PDFRTF§232.56 - Youthful offenders — transfer to district court supervision.PDFRTF§232.57 - Reasonable efforts defined — effect of aggravated circumstances.PDFRTF§232.58 - Permanency hearings.PDFRTF§232.59PDFRTF§232.60PDFRTF§232.61 - Jurisdiction.PDFRTF§232.62 - Venue.PDFRTF§232.63PDFRTF§232.64PDFRTF§232.65PDFRTF§232.66PDFRTF§232.67 - Legislative findings — purpose and policy.PDFRTF§232.68 - Definitions.PDFRTF§232.69 - Mandatory and permissive reporters — training required.PDFRTF§232.70 - Reporting procedure.PDFRTF§232.71PDFRTF§232.71APDFRTF§232.71B - Duties of the department upon receipt of report.PDFRTF§232.71C - Court action following assessment — guardian ad litem.PDFRTF§232.71D - Founded child abuse — central registry.PDFRTF§232.72 - Jurisdiction — transfer.PDFRTF§232.73 - Medically relevant tests — immunity from liability.PDFRTF§232.73A - Retaliation prohibited — remedy.PDFRTF§232.74 - Evidence not privileged or excluded.PDFRTF§232.75 - Sanctions.PDFRTF§232.76 - Publicity, educational, and training programs.PDFRTF§232.77 - Photographs, X rays, and medically relevant tests.PDFRTF§232.78 - Temporary custody of a child pursuant to ex parte court order.PDFRTF§232.79 - Custody without court order.PDFRTF§232.79A - Children without adult supervision.PDFRTF§232.80 - Homemaker services.PDFRTF§232.81 - Complaint.PDFRTF§232.82 - Removal of sexual offenders and physical abusers from the residence pursuant to court order.PDFRTF§232.83 - Child sexual abuse involving a person not responsible for the care of the child.PDFRTF§232.84 - Transfer of custody — notice to adult relatives.PDFRTF§232.85PDFRTF§232.86PDFRTF§232.87 - Filing of a petition — contents of petition.PDFRTF§232.88 - Summons, notice, subpoenas, and service.PDFRTF§232.89 - Right to and appointment of counsel.PDFRTF§232.90 - Duties of county attorney.PDFRTF§232.91 - Presence of child, parents, guardian ad litem, and others at hearings — additional parties — department recordkeeping.PDFRTF§232.92 - Exclusion of public from hearings.PDFRTF§232.93 - Other issues adjudicated.PDFRTF§232.94 - Reporter required.PDFRTF§232.94A - Records — subsequent hearings.PDFRTF§232.95 - Hearing concerning temporary removal.PDFRTF§232.96 - Adjudicatory hearing.PDFRTF§232.97 - Social investigation and report.PDFRTF§232.98 - Physical and mental examinations.PDFRTF§232.99 - Dispositional hearing — findings.PDFRTF§232.100 - Suspended judgment.PDFRTF§232.101 - Retention of custody by parent.PDFRTF§232.101A - Appointment of guardian.PDFRTF§232.102 - Transfer of legal custody of child and placement.PDFRTF§232.103 - Termination, modification, vacation, and substitution of dispositional order.PDFRTF§232.103A - Transfer of jurisdiction related to child in need of assistance case — bridge order.PDFRTF§232.104 - Permanency hearing — permanency order — subsequent proceedings.PDFRTF§232.105PDFRTF§232.106 - Terms and conditions on child’s parent.PDFRTF§232.107 - Parent visitation.PDFRTF§232.108 - Visitation or ongoing interaction with siblings.PDFRTF§232.109 - Jurisdiction.PDFRTF§232.110 - Venue.PDFRTF§232.111 - Petition.PDFRTF§232.112 - Notice — service.PDFRTF§232.113 - Right to and appointment of counsel.PDFRTF§232.114 - Duties of county attorney.PDFRTF§232.115 - Reporter required.PDFRTF§232.116 - Grounds for termination.PDFRTF§232.117 - Termination — findings — disposition.PDFRTF§232.118 - Removal of guardian.PDFRTF§232.119 - Adoption exchange established.PDFRTF§232.120 - Preadoptive care — continued placement.PDFRTF§232.121PDFRTF§232.122 - Jurisdiction.PDFRTF§232.123 - Venue.PDFRTF§232.124PDFRTF§232.125 - Petition.PDFRTF§232.126 - Appointment of counsel and guardian ad litem.PDFRTF§232.127 - Hearing — adjudication — disposition.PDFRTF§232.128 - Reserved.PDFRTF§232.129 - Reserved.PDFRTF§232.130 - Reserved.PDFRTF§232.131 - Reserved.PDFRTF§232.132 - Reserved.PDFRTF§232.133 - Appeal.PDFRTF§232.134PDFRTF§232.135PDFRTF§232.136PDFRTF§232.137PDFRTF§232.138PDFRTF§232.139PDFRTF§232.140PDFRTF§232.141 - Expenses.PDFRTF§232.142 - Maintenance and cost of juvenile homes — fund.PDFRTF§232.143 - Service area group foster care budget targets.PDFRTF§232.144PDFRTF§232.145PDFRTF§232.146PDFRTF§232.147 - Confidentiality of juvenile court records.PDFRTF§232.148 - Fingerprints — photographs.PDFRTF§232.149 - Records of criminal or juvenile justice agencies, intake officers, and juvenile court officers.PDFRTF§232.149A - Confidentiality orders.PDFRTF§232.149B - Public records orders.PDFRTF§232.150 - Sealing of records.PDFRTF§232.151 - Criminal penalties.PDFRTF§232.152 - Rules of juvenile procedure.PDFRTF§232.153 - Applicability of this chapter prior to July 1, 1979.PDFRTF§232.154PDFRTF§232.155PDFRTF§232.156PDFRTF§232.157PDFRTF§232.158 - Interstate compact on placement of children.PDFRTF§232.158A - Legal risk placement.PDFRTF§232.159 - Financial responsibility.PDFRTF§232.160 - Department of human services as public authority.PDFRTF§232.161 - Department as authority in receiving state.PDFRTF§232.162 - Authority to enter agreements.PDFRTF§232.163 - Visitation, inspection, or supervision.PDFRTF§232.164 - Court authority to place child in another state.PDFRTF§232.165 - Executive head.PDFRTF§232.166 - Statutes not affected.PDFRTF§232.167 - Penalty.PDFRTF§232.168 - Attorney general to enforce.PDFRTF§232.169PDFRTF§232.170PDFRTF§232.171 - Interstate compact on juveniles.PDFRTF§232.172 - Confinement of delinquent juvenile.PDFRTF§232.173 - Interstate compact for juveniles.PDFRTF§232.174PDFRTF§232.175 - Placement oversight.PDFRTF§232.176 - Jurisdiction.PDFRTF§232.177 - Venue.PDFRTF§232.178 - Petition.PDFRTF§232.179 - Appointment of counsel and guardian ad litem.PDFRTF§232.180 - Duties of county attorney.PDFRTF§232.181 - Social history report.PDFRTF§232.182 - Initial determination.PDFRTF§232.183 - Dispositional hearing.PDFRTF§232.184PDFRTF§232.185PDFRTF§232.186PDFRTF§232.187 - Regional out-of-state placement committees.PDFRTF§232.188 - Decategorization of child welfare and juvenile justice funding initiative.PDFRTF§232.189 - Reasonable efforts administrative requirements.PDFRTF§232.190 - Community grant fund.PDFRTF§232.191 - Early intervention and follow-up programs.PDFRTF§232.192PDFRTF§232.193PDFRTF§232.194PDFRTF§232.195 - Runaway treatment plan.PDFRTF§232.196 - Runaway assessment center.PDFRTF
Sours: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=232


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