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Pro Se Protection Order
CSADV advocates are able to assist domestic violence
victims in obtaining Pro Se Protection Orders. Chapter
236 of Iowa Code enables domestic violence victims to
file for a protection order without representation of a
lawyer. Advocates are available to assist the victim
with filling out forms and assisting victims with the
process of filing the order. Forms are available at
CSADV or at the Clerk of Court.
In order to qualify for a Pro Se Protection Order under
Iowa law, you must meet certain criteria:
Relationship
•
Presently married, even if you are not
living together
•
Divorced or separated, whether or not
living together
•
Living together in an intimate
relationship with the abuser at the time of the abuse
•
Living together and related by blood or
affinity
•
You and the abuser lived together at some
time in the past year, and were in an intimate
relationship or are related by
blood
or affinity
•
You and the abuser are parents of the same
minor child
•
You and the abuser are in or have been in
an intimate relationship within the past year, but have
not lived together.
An
intimate relationship maybe determined by:
• duration of relationship
• frequency of interaction
• whether relationship has been
terminated
• nature of relationship,
characterized by either party's expectation of sexual or
romantic involvement
Abuse and present threat of harm
You must show that an assault, as defined in the Iowa
Code, has occurred. Assault means ONE of the following
must have happened:
•
Someone physically abused you; Or
•
Someone pointed a gun at you or displayed
a dangerous weapon toward you in a threatening manner;
Or
•
Someone threatened you with physical
contact which would cause pain or injury; And
•
The threat put you in fear; And
•
The threat could be carried out
immediately
Residence
You or the abuser must live in Iowa. You must file for
your petition in the courthouse located in the county
where either you or the abuser is living.
If you meet these requirements, you qualify to obtain a
Pro Se Protection Order. When the petition is filed, a
temporary order will be granted by the judge, which will
go into effect once the defendant is served with the
papers. When the temporary order is signed, a hearing
will be set to determine if a permanent order should be
put into effect. A permanent order usually lasts one
year. Both the plaintiff and the defendant have the
option of obtaining attorneys.
What can a Pro Se Protection Order do for me?
The judge can order the defendant to:
•
Stop domestic abuse
•
Stay away from your home/the family home
•
Stay away from your work or school
•
Not contact you personally or through
another person, whether by telephone, writing, or any
other way
•
Give you possession of the family home or
provide other housing
•
Give you custody of the children, with
appropriate visitation for the defendant
•
Give you financial support
•
Other
Victims do not have to go through this process alone.
Advocates are available to assist them and provide
support. For more information on Pro Se Protection
Orders, please call CSADV.
Has my protection order been served?
In Iowa to find out if a protection order has been served, contact Iowa Protective order Notification For Domestic Abuse Program (IPONDA) 1-888-742-8463 or visit IPONDA's website.
IPONDA is an automated service that lets you, the petitioner, track the status of a protective order over the phone or internet. You can also restister to be notified by pohne and e-mail about changes in the status of a protective order.
Nebraska and South Dakota
If you or your abuser reside in Nebraska or South
Dakota, these states have protection orders available as
well. Laws differ in every state, so please call CSADV
for further information on how to obtain a protection
order from Nebraska or South Dakota. CSADV has advocates
that are knowledgeable about the process of obtaining a
protection order in both Nebraska and South Dakota.
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