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What to Know About Being Charged with Domestic Violence in Iowa

If you are facing charges of domestic violence in Iowa, it is important that you retain the services of an experienced Des Moines domestic violence lawyer. Continue reading to learn the different types of domestic violence charges in Iowa and what a protective order may mean for you.

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What is a protective order?

If you have been charged with domestic violence in Iowa, an application for a protective order will be filed against you. You will have 15 days after this application is filed to retain the services of an experienced attorney. A protective order will prevent you from contacting or seeing the alleged victim. This order will also require you to turn over your shared resident to the victim and may affect your child custody agreement. Protective orders will generally last one year. However, protective orders can be extended. If you are caught violating a protective order, you will likely face additional criminal penalties.

What are the different types of domestic violence charges in Iowa?

The following are the different types of domestic violence charges in the state of Iowa:

  • Simple domestic abuse assault: Simple domestic abuse assault refers to all domestic charges that are not otherwise classified. Simple domestic abuse assault is considered a simple misdemeanor.
  • Serious domestic abuse assault: Serious domestic abuse assault refers to domestic assault that causes bodily injury or mental illness. This is considered a serious misdemeanor.
  • Aggravated domestic abuse assault: Aggravated domestic abuse assault refers to any domestic abuse committed with the intent to inflict serious injury. Aggravated domestic abuse assault also refers to an individual using or displaying a dangerous weapon in connection with the assault. 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 is also considered aggravated domestic abuse assault. Aggravated domestic abuse assault is considered an aggravated misdemeanor.
  • Domestic abuse assault strangulation: Domestic abuse assault strangulation refers to the act of 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 is considered domestic abuse assault strangulation. Domestic abuse assault strangulation is a Class D felony.

Second-offense charges for domestic violence in Iowa could be considered a serious or aggravated misdemeanor depending on the circumstances of the first conviction. Third-offense domestic violence charges are considered aggravated misdemeanors.

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Herting Law, PLLC, is an Iowa-based law firm that has experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you. Whatever the situation, Herting Law, PLLC has you covered.

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