Restraining Orders

If you don’t qualify for a civil protective order, you may be able to get a no contact order if the abuser has been arrested for any of the following crimes:

• domestic abuse;
• assault;
• stalking;
• harassment;
• sexual abuse; or
• violation of a protective order.¹ 

A no contact order is issued by the criminal court. The victim does not need to file for a no contact order, because a judge will automatically consider it. The judge may grant the no contact order before the abuser leaves the jail where s/he was held after the arrest.

A no contact order could restrict the defendant from having contact with the following people:

• you, if you are the victim;
• anyone living with you; and
• your immediate family, including any children that you have with the abuser.²

If you already have a custody order or a visitation order that gives the defendant contact with your children, the no contact order will override it.³ However, a no contact order from a criminal case cannot give you custody of minor children. To get legal custody, you need to start a different case in civil court.

A no contact order is also supposed to specifically include a notice that the abuser may be required to give up all firearms, offensive weapons, and ammunition if a permanent no contact order is issued.⁴ 

Each order is a little different. Read your order carefully and ask the county attorney if you have questions about what can or should happen.

Many victims fear that getting a no contact order will only make the abuser angrier. If you are concerned about this, you should talk to a domestic violence victim advocate and the county attorney. They may be able to help you develop a safety plan or may ask the judge to change the order so that it will not be as upsetting to the abuser. A no contact order should protect you anywhere you go in the United States.

¹ Iowa Code § 664A.3(1)
² Iowa Code § 664A.3(5)
³ Iowa Code § 664A.3(4)
⁴ Iowa Code § 664A.3(6)