County

Court Orders of Protection

Protect Yourself: Three Ways To Keep Someone Away

1. No Contact Orders

There must be a criminal case for a No Contact Order to be filed. If no criminal charge is pending, a No Contact Order cannot be granted.

The Polk County Attorney Office can assist if criminal charges are pending.

  • A No Contact Order cannot be issued until the offender appears in front of a judge
  • The victim and police must be clear when a report is made that the victim wants a No Contact Order
    • The police should then mark a box on the preliminary charge to alert the prosecutor and the judge that a No Contact Order has been requested by the victim
  • A No Contact Order can be in effect while the case is pending

Should the offender plead or be found guilty, the judge may put a No Contact Order in place for five years.

What happens after someone is arrested for domestic abuse?

Within 24 hours after a person is arrested for domestic abuse, assault, or harassment, he or she will be brought before a judge or magistrate. At that time, the defendant will be provided notice of the next court appearance and generally served a criminal no contact order preventing ANY contact with the victim(s).  The No Contact Order remains in effect until it is lifted, modified or the case is disposed of by the court. The clerk of court will send a copy of the no contact order to the protected party. It will be sent to the address the protected party provided to law enforcement when the incident took place.

 

What does a no contact order mean?

If the defendant is served with a No Contact Order, he or she must avoid all contact with the victim(s). This means the defendant may not communicate with the victim in person, by phone, mail, and social media, or through a third party. Any contact with the defendant is considered a violation of the No Contact Order.  If you, the victim, were to contact the defendant, through any of the means mentioned, while the No Contact Order is in place, you would be violating the Order and may be held in contempt of court.

If the defendant was living with the victim, he or she must move out of the residence. The defendant cannot come within the immediate vicinity of the victim’s protected address or place of employment. Unless modified by the Court, the defendant may only enter the residence in the company of a peace officer to retrieve clothing and work-related items. This is the responsibility of the defendant and his attorney to arrange this. For more questions, visit our FAQ page and see the section Restraining Orders: No Contact Orders & Protective Orders.

If the defendant sees the victim in a public place, it is the defendant’s responsibility to avoid contact. Every effort should be made by the victim to avoid contact with the defendant. If the defendant does not comply with the No Contact Order, the defendant could be arrested and a hearing set to determine if he or she is in contempt of court. Contact law enforcement with ANY possible violations of the No Contact Order.

 

How do I cancel or modify a No Contact Order?

Contact the Polk County Attorney Office at (515) 286-3737.

 

2. Protective Orders

Applications may be obtained from the Clerk of Court (515) 561-5811 in Room 115 of the Polk County Courthouse, 5th and Mulberry in Des Moines.

A victim can ask the court for relief from domestic abuse with or without an attorney.  Each clerk of court office in Iowa has forms available for victims to fill out.  The people involved must have a relationship where at least one of the following applies:

  • Married persons, including juveniles who are married;
  • Family or household members living together at the time of the assault or within one year of the assault;
  • Separated spouses or persons divorced from each other, including juveniles who are or were married;
  • Juveniles and adult biological parents of the same minor child regardless of whether they have ever lived together;
  • Unmarried persons who are cohabitating. Co-habitation does not require a sexual relationship but does require something more than merely living together;
  • Persons who have lived together within the past year but were not living together at the time of the assault; or
  • Persons where the petitioner was sexually assaulted, regardless of the relationship.

Please note that if the victim and abuser have never married, they must either have a child together, or they have to live together at the time of the assault or have lived together within the past year.  When persons under 18 years of age are seeking protection, they may have to have a parent or guardian file on their behalf. The clerk of court has forms for this situation.

Orders granted under Chapters 236 and 236A are meant to be protective and contact is illegal. As a result, if an abuser violates the order, the abuser can be arrested immediately. Parties to a protective order should read and understand the terms of the order.  Only the judge can change the terms of the order so if the petitioner no longer wants the order, s/he must fill out a form to ask the court to change or stop the order.  Orders from a judge can last up to one year and be extended for one year only if the petitioner asks for the extension. Finally, a protective order should protect a petitioner anywhere s/he goes in the United States.

How To Gain/Modify/Cancel Protective Orders

Petition for Relief from Domestic Abuse - English

Solicitud de Asistencia por Abuso Doméstico - Español

Petition for Relief from Domestic Abuse on Behalf of a Minor Child - English

Solicitud de Asistencia por Abuso Doméstico en Nombre de un/a Menor de Edad - Español

Request to Cancel or Change a Chapter 236 Protective Order - English

Solicitud para modificar, cancelar o extender una orden de protección definitiva de abuso doméstico - Español

Petition for Relief from Sexual Abuse - English

Solicitud de Asistencia por Abuso Sexual - Español

Petition for Relief from Sexual Abuse on Behalf of a Minor Child - English

Solicitud de Asistencia por Abuso Sexual en Nombre de un/a Menor de Edad - Español

Request to Cancel or Change a Chapter 236A Protective Order - English

3. Restraining Orders

If there is no criminal charge or no abuse report, the only way to get a court order of protection against another person is to file a private civil lawsuit asking for a restraining order. A restraining order is a civil matter and is handled by either the requesting party or his/her attorney. The County Attorney's Office does not handle or involve itself in restraining orders as we have no standing.  A party may speak to a private attorney (many either do not charge or charge $25/less for an initial consultation) for advice on how to obtain such an order. The Iowa State Bar Association has a list of lawyers who will do an initial consultation for $25/less. For this list, call (515) 243-3179 or go to iowabar.org

Questions a person seeking a restraining order may wish to ask include:

  • How much does it cost?
  • What are the chances a request would be successful?
  • How long does it take to obtain an order?
  • Once obtained, how is it enforced?

Questions?

If you have questions regarding the qualifications for obtaining an order, call the Civil Court Advocate of the Family Violence Center at (515) 243-6147.