Domestic Violence Protection Order - Iowa

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Iowa requires the use of official court Rule 17.10 — Form 11 (Petition for Relief from
Domestic Abuse) for domestic abuse protection order petitions. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://www.iowacourts.gov/for-the-public/court-forms.
Do not file this document directly with the court.

IOWA DISTRICT COURT FOR [COUNTY] COUNTY

IN RE THE MATTER OF
[PETITIONER FULL LEGAL NAME],
Petitioner/Protected Party,

and

[RESPONDENT FULL LEGAL NAME],
Respondent/Defendant.

Case No.: [___]
Civil Domestic Abuse Protective Order
(Iowa Code ch. 236)

[Effective as of] [EFFECTIVE DATE]

TABLE OF CONTENTS

1. Document Header …………………………………………………………………… 2
2. Definitions …………………………………………………………………………… 3
3. Operative Provisions (Orders of Protection) ……………………………………… 4
4. Representations & Warranties ……………………………………………………… 7
5. Covenants & Restrictions …………………………………………………………… 7
6. Default & Remedies ………………………………………………………………… 8
7. Risk Allocation ……………………………………………………………………… 9
8. Dispute Resolution …………………………………………………………………… 9
9. General Provisions …………………………………………………………………… 10
10. Execution Block ……………………………………………………………………… 11

1. DOCUMENT HEADER

1.1 Recitals.
A. On [PETITION FILE DATE], Petitioner filed a verified Petition pursuant to Iowa Code ch. 236 alleging that Respondent committed acts of domestic abuse as defined in Iowa Code § 236.2.
B. The Court finds it has subject-matter jurisdiction over this proceeding and personal jurisdiction over the parties.
C. A hearing was held on [HEARING DATE] with due notice to all parties. Respondent [appeared/did not appear].
D. Based on the record, statutory criteria, and the best interests of any minor child(ren), the Court enters the following Protective Order.

1.2 Governing Law. This Order is entered under and shall be interpreted in accordance with Iowa Code ch. 236 and applicable federal law, including 18 U.S.C. § 2265 (full faith and credit for protection orders).

1.3 Jurisdiction & Venue. Venue is proper in the Iowa District Court for [COUNTY] County, where either party resides, pursuant to Iowa Code § 236.3(1).

2. DEFINITIONS

As used in this Order:

“Domestic Abuse” means an assault as defined in Iowa Code § 708.1 committed between family or household members or other persons in a qualifying relationship, as set forth in Iowa Code § 236.2(2).

“Protected Parties” means Petitioner and any minor child(ren) or other person(s) specifically listed in Section 3.1(B).

“Respondent” means the individual identified in the caption of this Order.

“Residence” means the dwelling located at [ADDRESS] or any subsequent dwelling awarded exclusively to Petitioner herein.

“Stay-Away Distance” means at least [100/300/500] yards (or greater as specified) from the Protected Parties, their Residence, place of employment, school, or childcare facility.

3. OPERATIVE PROVISIONS (ORDERS OF PROTECTION)

3.1 No-Contact & Stay-Away.
A. Respondent shall not threaten, assault, stalk, molest, harass, or otherwise abuse any Protected Party.
B. Respondent shall remain outside the Stay-Away Distance of the Protected Parties and the locations listed below:

1. Residence: [ADDRESS]
2. Petitioner’s workplace: [ADDRESS]
3. Child(ren)’s school/daycare: [ADDRESS]
4. Other: [SPECIFY]

3.2 Communication Prohibition. Respondent shall refrain from all direct or indirect communication with any Protected Party, including but not limited to phone, text, email, social media, and third-party messaging, except as expressly allowed in Section 3.5 (custody/parenting-time exchanges) or by subsequent written Court order.

3.3 Exclusive Possession of Residence & Personal Property.
A. Petitioner is granted exclusive possession of the Residence pursuant to Iowa Code § 236.5(1)(b)(3).
B. Law enforcement shall, upon request, accompany Petitioner during retrieval of essential personal effects.
C. Respondent shall not terminate or cause the termination of any utility service to the Residence.

3.4 Firearms, Offensive Weapons & Ammunition. Pursuant to Iowa Code § 236.5(1)(b)(2) and § 724.26, and 18 U.S.C. § 922(g)(8), Respondent shall not knowingly possess, ship, transport, or receive any firearm, offensive weapon, or ammunition while this Order is in effect. For a qualifying order entered after notice and hearing, a knowing violation is a class “D” felony under Iowa Code § 724.26(2). Having found Respondent to be in possession of such items, the Court orders that they be sold or transferred to a qualified person who may lawfully possess them, or delivered to the [COUNTY SHERIFF / LAW-ENFORCEMENT AGENCY] for safekeeping, by a date certain of [DATE] (Iowa Code § 724.26(4)). The relinquishment information shall be entered into the Iowa criminal justice information system (Iowa Code § 724.26(5)). Any items so surrendered shall be returned within five (5) days of Respondent’s request once this Order is no longer in effect (Iowa Code § 724.26(6)).

3.5 Temporary Custody, Parenting-Time, and Support.
A. Petitioner is awarded temporary legal and physical custody of the following minor child(ren): [NAMES & DOBs] (Iowa Code § 236.5(1)(b)(5)).
B. Any visitation shall occur only as follows: [supervised/neutral-exchange location], subject to agreement of the parties or further Court order.
C. Child support is set at [$____] per month beginning [DATE] and shall be paid through the Iowa Child Support Recovery Unit (Iowa Code § 236.5(1)(b)(6)).

3.6 Counseling & Intervention Programs. Pursuant to Iowa Code § 236.5(1)(a), the Court may order that Respondent (and, as appropriate, Petitioner and the children who are members of the household) receive professional counseling. Where the matter arises from a criminal domestic abuse assault, Respondent may be ordered to participate in a batterers’ treatment program under Iowa Code § 708.2B. Respondent shall complete [PROGRAM] within [X] days.

3.7 Law-Enforcement Assistance. Any Iowa peace officer is authorized to enforce this Order, accompany any Protected Party to ensure safety, and take Respondent into custody for a violation pursuant to Iowa Code § 236.11(1).

3.8 Duration. This Protective Order shall remain in full force for a fixed period [not to exceed one (1) year absent extension per Iowa Code § 236.5(3)], ending on [EXPIRATION DATE], unless modified or terminated earlier by the Court. The number of extensions the Court may grant is not limited (Iowa Code § 236.5(3)).

3.9 Service & Entry into Databases.
A. The Clerk of Court shall promptly forward a certified copy of this Order to the [COUNTY] Sheriff and the twenty-four-hour dispatcher for the county sheriff, who shall receive written notice within six (6) hours of filing (Iowa Code § 236.5(7), (8)).
B. The Sheriff shall enter the Order into the Iowa On-Line Warrants and Articles (IOWA) system and the NCIC Protection Order File following service.

3.10 Federal Full Faith & Credit. This Order is valid and enforceable in all fifty states, the District of Columbia, tribal lands, and U.S. territories pursuant to 18 U.S.C. § 2265.

4. REPRESENTATIONS & WARRANTIES

4.1 Petitioner’s Verification. Petitioner represents under penalty of perjury that the factual statements in the underlying Petition are true, correct, and complete to the best of Petitioner’s knowledge.

4.2 Court’s Findings. The Court finds by a preponderance of the evidence that Respondent committed domestic abuse and that the relief granted herein is necessary to protect the safety of the Protected Parties (Iowa Code § 236.4(1); § 236.5(1)).

5. COVENANTS & RESTRICTIONS

5.1 Respondent shall strictly comply with each provision of Section 3.

5.2 Respondent shall immediately notify the Court and Petitioner, through counsel if represented, of any change in residence, phone number, or employment within seventy-two (72) hours.

5.3 Respondent shall not interfere with or diminish any utility, insurance, or financial service primarily used or enjoyed by Petitioner or the minor child(ren).

6. DEFAULT & REMEDIES

6.1 Violation. Violation of this protective order constitutes a public offense punishable as a simple misdemeanor, or, alternatively, the Court may hold Respondent in contempt of court, under Iowa Code § 664A.7(5) and (1). Iowa Code § 664A.7 does not escalate a protective-order violation to a higher offense class based on the number of prior violations.

6.2 Civil Contempt. Violation shall also subject Respondent to contempt proceedings under Iowa Code § 664A.7 and chapter 665.

6.3 Custody for Violation. Upon probable cause to believe Respondent has violated any provision of this Order, a peace officer shall take Respondent into custody and bring Respondent before the nearest or most accessible magistrate without unnecessary delay, pursuant to Iowa Code § 236.11(1).

6.4 Consequences of Violation.
A. Upon probable cause of a violation, a peace officer shall take Respondent into custody (Iowa Code § 236.11(1)).
B. Each violation is punishable as a simple misdemeanor — imprisonment not to exceed thirty (30) days and/or a fine of $105–$855 (Iowa Code § 903.1(1)(a)) — or, alternatively, by summary contempt of court (Iowa Code § 664A.7(5), (1)). A person held in contempt of a no-contact order issued in a contempt proceeding under Iowa Code § 236.11 shall serve a mandatory minimum of seven (7) days in the county jail (Iowa Code § 664A.7(3)).
C. The Court may amend or extend this Order to increase restrictions or extend its duration (Iowa Code § 236.5(3)). Conduct underlying a violation may also be separately charged as domestic abuse assault under Iowa Code § 708.2A, which carries enhanced penalties for repeat offenses.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable—this is a judicial protective order.

7.2 Liability Caps. Not applicable.

7.3 Force Majeure. Compliance with this Order is mandatory and is not excused by force majeure or impossibility.

8. DISPUTE RESOLUTION

8.1 Continuing Jurisdiction. The Iowa District Court for [COUNTY] County retains jurisdiction to amend, extend, or terminate this Order upon a petition filed by either party and after notice and hearing, in accordance with Iowa Code § 236.5(3).

8.2 No Arbitration. Arbitration is unavailable for matters arising under this Order.

8.3 No Jury. Family-court matters relating to this Order shall be heard by the Court without a jury.

8.4 Preservation of Injunctive Relief. The injunctive nature of this Order is primary and shall not be stayed pending appeal absent a specific supersedeas bond and Court order.

9. GENERAL PROVISIONS

9.1 Amendment & Extension. Either party may move to amend or extend this Order prior to its expiration; the Court may extend the Order if, after a hearing at which Respondent has the opportunity to be heard, it finds Respondent continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family (Iowa Code § 236.5(3)).

9.2 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.3 Integration. This document represents the entire protective relief ordered; any oral assurances have no legal effect unless reduced to writing and entered by the Court.

9.4 Conflicting Orders. This protective order is in addition to any other civil or criminal remedy (Iowa Code § 236.7(1)). A no-contact order prohibiting contact with the protected party’s children prevails over any conflicting custody or visitation order (Iowa Code § 664A.3(4)); where orders otherwise conflict, the parties should seek clarification from the issuing court.

9.5 Copies & Electronic Signatures. Certified electronic copies and electronically-signed counterparts shall be treated as originals for all purposes, including full faith and credit enforcement.

10. EXECUTION BLOCK

SO ORDERED.

Dated: [DATE]

________________________________________
Hon. [JUDGE NAME]
Judge, Iowa District Court
[County] County, Iowa

ATTEST:
________________________________________
Clerk of Court / Designee

Approved as to Form:

PETITIONER:
________________________________________
[PETITIONER NAME]
Address: [___]
Phone: [___]

RESPONDENT (acknowledgment of service only):
________________________________________
[RESPONDENT NAME]

ATTORNEY FOR PETITIONER (if any):
________________________________________
[ATTY NAME], AT000☐
Firm: [___]
Address: [___]
Phone: [___]
Email: [___]

NOTARY (if required for Petitioner’s affidavit):
State of Iowa, County of [________________________________]
Subscribed and sworn before me on [DATE].
________________________________________
Notary Public

NOTICE TO RESPONDENT

1. You may be taken into custody and arrested for any violation of this Order (Iowa Code § 236.11).
2. Federal law 18 U.S.C. § 922(g)(8) makes it a crime to possess firearms or ammunition while a qualifying Order is in effect; a knowing violation is also a class “D” felony under Iowa Code § 724.26(2).
3. This Order is enforceable nationwide under 18 U.S.C. § 2265.
4. Violation may result in fines, jail, and federal prosecution.