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Once you get a protective order, there may be laws that prohibit the abuser from having a gun in his/her possession. There are a few places where you can find this information:
- Read the questions on this page to see if judges in Iowa can remove guns as part of a temporary or final order;
- Go to our State Gun Laws section to see who can and cannot legally have guns in Iowa; and
- Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.
You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms website.
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct it before you leave.
- Make several copies of the protective order as soon as possible.
- Keep a copy of the order with you at all times.
- Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a trusted neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- You may wish to consider changing your locks and your phone number.
You may also want to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it’s important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
I was not granted a protective order. What can I do?
Even if the judge does not give you a protective order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations on our IA Places that Help page to get help, support, and advice on how to stay safe. They can help you develop a safety plan and try to connect you with the local resources you need. For safety planning help, ideas, and information, go to our Safety Planning page.
You may also be able to reapply for a protective order if a new incident of domestic abuse occurs after your order is denied. If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. You can find basic information on our Filing an Appeal page. Generally, appeals are complicated and you will most likely need the help of a lawyer.
If you were not granted a protective order because your relationship with the abuser does not qualify, you may be able to seek protection through a criminal no contact order. See What if I don’t qualify for a protective order? for more information.
What can I do if the abuser violates the order?
Violating a protective order is against the law. There are two ways to get help if the abuser violates the protective order.
Through the Police or Sheriff (Criminal)
You can call 911 even if you think it is a minor violation. Tell the officers you have a protective order and the abuser is violating it. The abuser can be arrested and prosecuted for the crime of violating the order in addition to any crimes s/he committed while violating it, such as assault, stalking, etc.
It is a good idea to write down the names and badge numbers of the responding officer(s) in case you want to follow up on your case. You may want to make sure a police report is filled out, even if the abuser is not arrested. If you have legal documentation of all violations of the order, it may help you get the order extended or changed (modified) in the future.
Through the Civil Court System (Civil)
You may file for civil contempt in the court that issued the order. Go to the clerk’s office and tell him/her you want to start contempt proceedings against the abuser. You will have to fill out some forms, which the court clerk will give you. You will also have to attend a court hearing to prove that the abuser violated the order.
Can my order be changed, extended, or dismissed?
To change (modify), extend, or dismiss your order, go back to the court where you got it. You will need to file a petition with the clerk. You can get the proper form from the clerk, or by going to our IA Download Court Forms page. You must fill out the form and submit it to the court before your current order expires. A judge will schedule your case for a hearing where both you and the abuser can come to court and present evidence.
If you are requesting an extension, the judge can extend your order for up to one year if you prove that the defendant continues to pose a threat to your safety, or to the safety of an immediate family member or anyone who lives with you. You can have an order extended more than once.1
Note: The abuser can also ask the judge to change the order at any time.1 S/he will have to follow the same procedure of filing a petition with the court and scheduling the case for a hearing. You will be notified of the hearing, and you will get the chance to come to court and fight against the order being changed if you choose to do so. See Do I need to tell the court in Iowa if I move? for more information.
1 Iowa Code § 236.5(3)
Can I "violate" my own order?
In most states, a plaintiff cannot “violate” his/her own protective order. This is because a protective order puts limits on an abuser’s behavior, not the victim’s behavior. However, Iowa is different.
In Iowa, victims with protective orders can be held in contempt for “aiding and abetting” in the violation of their own protective orders. When you fill out your petition, you have to check off a box that says: “I also understand that I could be arrested, jailed, and fined if I initiate or voluntarily maintain any contact with Defendant in violation of the order, or if I otherwise violate the protective order.” Basically, this means that if you have a no contact order or a stay away order and you decide to still talk to the abuser or see him/her, you can be charged with “helping” the abuser violate the order.1
It appears that this applies even to minors who have a protective order that was granted on their behalf. The petition, which is filled out by the minor’s parent or guardian, makes the petitioner check off a box that says “I also understand that my child could be arrested and jailed and fined if my child initiates or voluntarily maintains any contact with Defendant that is not allowed by the order or my child otherwise violates the Protective Order.”2
1 See Henley v. Iowa District Court for Emmet County, 533 N.W. 2d 199 (1995); see Petition for Relief from Domestic Abuse, page 13, box J
2 See Petition for Relief from Domestic Abuse on Behalf of a Minor Child, page 14, box J
What happens if I move?
Your protective order is automatically good throughout Iowa as well as in all other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protective order, it is valid wherever you go in the U.S.1
Different states may have different rules for enforcing out-of-state protective orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.
You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.
Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.
1 18 U.S.C. §§ 2265; 2266
If I get a protective order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- any protective order, restraining order, or injunction you get; or
- the registration of an order in a different state.1
1 18 USC § 2265(d)(3)
