reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.10 - Examination, requests for correction or expungement, and appeal.

235B.10 Examination, requests for correction or expungement, and appeal.
1. Any person or that person’s attorney shall have the right to examine dependent adult abuse information in the registry which refers to that person. The registry may prescribe reasonable hours and places of examination.
2. A person may file with the department within six months of the date of the notice of the results of an investigation, a written statement to the effect that dependent adult abuse information referring to the person is in whole or in part erroneous, and may request a correction of that information or of the findings of the investigation report. The department shall provide the person with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the information or the findings, unless the department corrects the information or findings as requested. The department shall delay the expungement of information which is not determined to be founded until the conclusion of a proceeding to correct the information or findings. The department may defer the hearing until the conclusion of a court case relating to the information or findings.
3. The decision resulting from the hearing may be appealed to the court of Polk county by the person requesting the correction or to the court of the district in which the person resides. Immediately upon appeal the court shall order the department to file with the court a certified copy of the dependent adult abuse information. Appeal shall be taken in accordance with chapter 17A.
4. Upon the request of the appellant, the record and evidence in such cases shall be closed to all but the court and its officers, and access to the record and evidence shall be prohibited unless otherwise ordered by the court. The clerk shall maintain a separate docket for such actions. A person other than the appellant shall not permit a copy of the testimony or pleadings or the substance of the testimony or pleadings to be made available to any person other than a party to the action or the party’s attorney. Violation of the provisions of this subsection shall be a public offense punishable under section 235B.12.
5. If the registry corrects or eliminates information as requested or as ordered by the court, the registry shall advise all persons who have received the incorrect information of the fact. Upon application to the court and service of notice on the registry, an individual may request and obtain a list of all persons who have received dependent adult abuse information referring to the individual.
6. In the course of any proceeding provided for by this section, the identity of the person who reported the disputed information and the identity of any person who has been reported as having abused an adult may be withheld upon a determination by the registry that disclosure of the person’s identity would be detrimental to the person’s interest.
91 Acts, ch 231, §10
Referred to in §235B.4, 235B.6, 235B.9, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.11 - Civil remedy.

235B.11 Civil remedy.
Any aggrieved person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of dependent adult abuse information in violation of this chapter, and any person proven to have disseminated or to have requested and received dependent adult abuse information in violation of this chapter shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney’s fees incurred by the party bringing the action. In no case shall the award for damages be less than five hundred dollars.
91 Acts, ch 231, §11
Referred to in §235B.4, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.12 - Criminal penalties.

235B.12 Criminal penalties.
1. Any person who willfully requests, obtains, or seeks to obtain dependent adult abuse information under false pretenses, or who willfully communicates or seeks to communicate dependent adult abuse information to any person except in accordance with sections 235B.6 through 235B.8, or any person connected with any research authorized pursuant to section 235B.6 who willfully falsifies dependent adult abuse information or any records relating to the information is guilty of a serious misdemeanor. Any person who knowingly, but without criminal purposes, communicates or seeks to communicate dependent adult abuse information except in accordance with sections 235B.6 through 235B.8 is guilty of a simple misdemeanor.
2. Any reasonable grounds for belief that a person has violated any provision of this chapter is grounds for the immediate withdrawal of any authorized access the person might otherwise have to dependent adult abuse information.
91 Acts, ch 231, §12
Referred to in §235B.4, 235B.8, 235B.10, 235E.2, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.13 - Registry reports.

235B.13 Registry reports.
1. The registry may compile statistics, conduct research, and issue reports on dependent adult abuse, provided identifying details of the subjects of dependent adult abuse reports are deleted from any report issued.
2. The registry shall issue an annual report on its administrative operation, including information as to the number of requests for dependent adult abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
91 Acts, ch 231, §13
Referred to in §235B.4, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.17 - Provision of protective services with the consent of dependent adult — caretaker refusal.

235B.17 Provision of protective services with the consent of dependent adult — caretaker refusal.
1. If a caretaker of a dependent adult, who consents to the receipt of protective services, refuses to allow provision of the services, the department may petition the court with probate jurisdiction in the county in which the dependent adult resides for an order enjoining the caretaker from interfering with the provision of services.
2. The petition shall be verified and shall allege specific facts sufficient to demonstrate that the dependent adult is in need of protective services and consents to the provision of services and that the caretaker refuses to allow provision of the services. The petition shall include all of the following:
a. The name, date of birth, and address of the dependent adult alleged to be in need of protective services.
b. The protective services required.
c. The name and address of the caretaker refusing to allow the provision of services.
3. The court shall set the case for hearing within fourteen days of the filing of the petition. The dependent adult and the caretaker refusing to allow the provision of services shall receive at least five days’ notice of the hearing.
4. If the judge finds by clear and convincing evidence that the dependent adult is in need of protective services and consents to the services and that the caretaker refuses to allow the services, the judge may issue an order enjoining the caretaker from interfering with the provision of the protective services.
96 Acts, ch 1130, §7; 2009 Acts, ch 107, §2
Referred to in §235B.16A, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235D - DOMESTIC AND SEXUAL VIOLENCE CENTER EMPLOYMENT — CRIMINAL HISTORY CHECKS › Section 235D.1 - Criminal history check — applicants at domestic abuse or sexual assault centers.

235D.1 Criminal history check — applicants at domestic abuse or sexual assault centers.
An applicant for employment at a domestic abuse or sexual assault center shall be subject to a national criminal history check through the federal bureau of investigation. The domestic abuse or sexual assault center shall request the criminal history check and shall provide the applicant’s fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation. The applicant shall authorize release of the results of the criminal history check to the domestic abuse or sexual assault center. The applicant shall pay the actual cost of the fingerprinting and criminal history check, if any. Unless the criminal history check was completed within the ninety calendar days prior to the date the application is received by the domestic abuse or sexual assault center, the center shall reject and return the application to the applicant. The results of a criminal history check conducted pursuant to this section shall not be considered a public record under chapter 22. For purposes of this section, “domestic abuse or sexual assault center” means a crime victim center as defined in section 915.20A.
2005 Acts, ch 158, §44; 2019 Acts, ch 24, §27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235E - DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS › Section 235E.3 - Prevention of additional dependent adult abuse — notification of rights.

235E.3 Prevention of additional dependent adult abuse — notification of rights.
If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred in a facility or program, the officer shall use all reasonable means to prevent further dependent adult abuse, including but not limited to any of the following:
1. If requested, remaining on the scene as long as there is a danger to the dependent adult’s physical safety without the presence of a peace officer, including but not limited to staying in the facility or program, or if unable to remain at the scene, assisting the dependent adult in leaving the facility or program and securing support services or emergency shelter services.
2. Assisting the dependent adult in obtaining medical treatment necessitated by the dependent adult abuse, including providing assistance to the dependent adult in obtaining transportation to the emergency room of the nearest hospital.
3. Providing a dependent adult with immediate and adequate notice of the dependent adult’s rights. The notice shall consist of handing the dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following written statement of rights; requesting the dependent adult to read the document; and asking the dependent adult whether the dependent adult understands the rights:
[1] You have the right to ask the court for the following help on a temporary basis:
[a] Keeping the alleged perpetrator away from you, your home, your facility, and your place of work.
[b] The right to stay at your home or facility without interference from the alleged perpetrator.
[c] Professional counseling for you, your family, or household members, and the alleged perpetrator of the dependent adult abuse.
[2] If you are in need of medical treatment, you have the right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.
[3] If you believe that police protection is needed for your physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.
2008 Acts, ch 1093, §13; 2009 Acts, ch 133, §90, 91; 2017 Acts, ch 54, §33; 2018 Acts, ch 1026, §72
Similar provisions, §235B.3A, 236.12, 236A.13, 709.22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235E - DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS › Section 235E.4 - Chapter 235B and section 726.26 application.

235E.4 Chapter 235B and section 726.26 application.
Sections 235B.4 through 235B.19 and section 726.26, where not inconsistent with this chapter, shall apply to this chapter.
2008 Acts, ch 1093, §14; 2009 Acts, ch 41, §97; 2009 Acts, ch 133, §92; 2022 Acts, ch 1132, §10
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235E - DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS › Section 235E.5 - Rulemaking authority.

235E.5 Rulemaking authority.
The department, in cooperation and consultation with the dependent adult protective advisory council established in section 235B.1, affected industry representatives, and professional and consumer groups, may adopt rules pursuant to chapter 17A to administer this chapter.
2008 Acts, ch 1093, §15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235E - DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS › Section 235E.6 - Dependent adult abuse finding — notification to employer and employee.

235E.6 Dependent adult abuse finding — notification to employer and employee.
Upon a determination that an allegation of perpetration of dependent adult abuse by a caretaker is founded, the department shall provide written notification of the department’s findings to the caretaker and the caretaker’s employer. In addition, the written notification shall detail the consequences of placement on the central abuse registry, the caretaker’s appeal rights, and include a separate appeal request form. The written appeal request form shall clearly set forth that the caretaker shall not be placed on the central abuse registry until final agency action is taken if an appeal is filed within fifteen days.
2010 Acts, ch 1177, §5; 2013 Acts, ch 90, §61
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235E - DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS › Section 235E.7 - Appeal process — dependent adult abuse.

235E.7 Appeal process — dependent adult abuse.
1. If a request for an appeal is filed within fifteen days of the issuance of the written notification of a finding of dependent adult abuse, the department shall not place the caretaker on the central abuse registry until final agency action is taken. For a request for an appeal filed within fifteen days of the issuance of the written notification of the finding, the contested case hearing shall be held within sixty days of the request. The caretaker may extend the hearing timeframe by thirty days one time. Additional requests for an extension must be agreed upon by all parties or for good cause. The administrative law judge’s proposed decision shall be issued within thirty days of the contested case hearing. If further review of the decision is not requested before the proposed decision becomes final, the proposed decision shall be deemed final agency action. If further review is requested, the department’s final agency action shall occur within thirty days of the issuance of the administrative law judge’s proposed decision. Upon final agency action, further appeal rights shall be governed by chapter 17A.
2. If a caretaker fails to request an appeal within fifteen days, the caretaker shall have sixty days from the issuance of the written notification of the abuse findings to file an appeal pursuant to chapter 17A. However, the caretaker’s name shall be placed on the central abuse registry pending the outcome of the appeal.
3. If the caretaker requests an appeal within fifteen days, the caretaker may waive the expedited hearing under subsection 1 to proceed under chapter 17A, but the caretaker’s name shall be placed on the central abuse registry pending the outcome of the appeal.
2010 Acts, ch 1177, §6
Referred to in §235E.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.2 - Commencement of actions — waiver to juvenile court.

235F.2 Commencement of actions — waiver to juvenile court.
1. A vulnerable elder or a substitute petitioner may seek relief from elder abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state all of the following:
a. The name of the vulnerable elder and the name and address of the vulnerable elder’s attorney, if any. If the vulnerable elder is proceeding pro se, the petition shall state a mailing address for the vulnerable elder.
b. The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable elder, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall state a mailing address for the substitute petitioner.
c. The name and address, if known, of the defendant.
d. The relationship of the vulnerable elder to the defendant.
e. The nature of the alleged elder abuse.
f. The name and age of any other individual whose welfare may be affected.
g. The desired relief, including a request for temporary or emergency orders.
2. A temporary or emergency order may be based on a showing of a prima facie case of elder abuse. If the factual basis for the alleged elder abuse is contested, the court shall issue a protective order based upon a finding of elder abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for protection and in a contempt action resulting from an order granted under this chapter or chapter 664A shall be waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff.
c. When a permanent order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs.
d. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in the state, and any other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
4. If the person against whom relief from elder abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.
5. If a substitute petitioner files a petition under this section on behalf of a vulnerable elder, the vulnerable elder shall retain the right to all of the following:
a. To contact and retain counsel.
b. To have access to personal records.
c. To file objections to the protective order.
d. To request a hearing on the petition.
e. To present evidence and cross-examine witnesses at the hearing.
2014 Acts, ch 1107, §2
Referred to in §235F.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.3 - Plaintiffs proceeding pro se — provision of forms and assistance.

235F.3 Plaintiffs proceeding pro se — provision of forms and assistance.
1. By July 1, 2015, the judicial branch shall prescribe standard forms to be used by vulnerable elders or substitute petitioners seeking protective orders by proceeding pro se in actions under this chapter. Beginning July 1, 2015, the standard forms prescribed by the judicial branch shall be the exclusive forms used by plaintiffs proceeding pro se under this chapter. The judicial branch shall distribute the forms to the clerks of the district courts.
2. The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.
2014 Acts, ch 1107, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.4 - Appointment of guardian ad litem.

235F.4 Appointment of guardian ad litem.
The court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable elder if justice requires. The vulnerable elder’s attorney shall not also serve as the guardian ad litem.
2014 Acts, ch 1107, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.5 - Hearings — temporary orders.

235F.5 Hearings — temporary orders.
1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of elder abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to protect the vulnerable elder from elder abuse prior to the hearing, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
4. Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
5. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
6. At the hearing, the allegation of elder abuse may be proven as required under subsection 1 by but is not limited to the testimony from any of the following:
a. The vulnerable elder.
b. The guardian, conservator, attorney in fact, or guardian ad litem of the vulnerable elder.
c. Witnesses to the elder abuse.
d. Adult protective services workers who have conducted an investigation.
7. The court shall exercise its discretion in a manner that protects the vulnerable elder from traumatic confrontation with the defendant.
8. Hearings shall be recorded.
2014 Acts, ch 1107, §5; 2015 Acts, ch 30, §82
Referred to in §235F.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.7 - Emergency orders.

235F.7 Emergency orders.
1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 235F.6, subsection 1 or 2, if the district judge or district associate judge deems it necessary to protect the vulnerable elder from elder abuse, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 235F.5.
3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 235F.2.
2014 Acts, ch 1107, §7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235F - ELDER ABUSE › Section 235F.8 - Procedure.

235F.8 Procedure.
1. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
2. The plaintiff’s right to relief under this chapter is not affected by the vulnerable elder leaving the vulnerable elder’s home to avoid elder abuse.
2014 Acts, ch 1107, §8; 2015 Acts, ch 30, §84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.2 - Definitions.

236.2 Definitions.
For purposes of this chapter, unless a different meaning is clearly indicated by the context:
1. “Department” means the department of justice.
2. “Domestic abuse” means committing assault as defined in section 708.1 under any of the following circumstances:
a. The assault is between family or household members who resided together at the time of the assault.
b. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
c. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
d. The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.
e. (1) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:
(a) The duration of the relationship.
(b) The frequency of interaction.
(c) Whether the relationship has been terminated.
(d) The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement.
(2) A person may be involved in an intimate relationship with more than one person at a time.
3. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of domestic abuse.
4. a. “Family or household members” means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.
b. “Family or household members” does not include children under age eighteen of persons listed in paragraph “a”.
5. “Intimate relationship” means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.
6. “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.
7. “Pro se” means a person proceeding on the person’s own behalf without legal representation.
8. “Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.
[C81, §236.2]
85 Acts, ch 175, §2; 87 Acts, ch 154, §1; 89 Acts, ch 279, §2, 3; 91 Acts, ch 218, §4; 93 Acts, ch 157, §1; 95 Acts, ch 180, §7; 2002 Acts, ch 1004, §1, 2; 2003 Acts, ch 44, §52; 2009 Acts, ch 41, §263
Referred to in §9E.2, 135B.7, 236.5, 236.13, 507B.4, 598.41, 598C.305, 611.23, 708.2A, 708.2B, 804.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.3A - Plaintiffs proceeding pro se — provision of forms and assistance.

236.3A Plaintiffs proceeding pro se — provision of forms and assistance.
1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the exclusive forms used by plaintiffs proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district courts.
2. The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.
91 Acts, ch 218, §6; 2004 Acts, ch 1131, §1
Referred to in §232.8, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.3B - Assistance by county attorney.

236.3B Assistance by county attorney.
A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the individual does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include, but is not limited to, assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.
93 Acts, ch 157, §2
Referred to in §232.8, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.6 - Emergency orders.

236.6 Emergency orders.
1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236.5, subsection 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from domestic abuse, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 236.4.
3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 236.3.
[C81, §236.6]
2009 Acts, ch 133, §231
Referred to in §232.8, 598.41, 598C.305, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.7 - Procedure.

236.7 Procedure.
1. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
2. The plaintiff’s right to relief under this chapter is not affected by leaving the residence or household to avoid domestic abuse.
[C81, §236.7]
2006 Acts, ch 1101, §1
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.9 - Domestic abuse information.

236.9 Domestic abuse information.
1. Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving domestic abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety.
2. The department of public safety may compile statistics and issue reports on domestic abuse in Iowa, provided individual identifying details of the domestic abuse are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide nonidentifying information on individual incidents of domestic abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.
[C81, §236.9]
83 Acts, ch 96, §157, 159; 85 Acts, ch 175, §4; 89 Acts, ch 279, §4; 91 Acts, ch 19, §1; 96 Acts, ch 1034, §13
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.10 - Plaintiff’s address — confidentiality of records.

236.10 Plaintiff’s address — confidentiality of records.
1. A person seeking relief from domestic abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service:
a. The mailing address of a shelter or other agency.
b. A public or private post office box.
c. Any other mailing address, with the permission of the resident of that address.
2. A person shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.
3. The entire file or a portion of the file in a domestic abuse case shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.
4. Notwithstanding subsection 3, court orders and support payment records shall remain public records, although the court may order that address and location information be redacted from the public records.
[C81, §236.10]
97 Acts, ch 175, §229; 98 Acts, ch 1170, §1; 2000 Acts, ch 1119, §2; 2000 Acts, ch 1132, §1
Referred to in §236.3, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.13 - Prohibition against referral.

236.13 Prohibition against referral.
In a criminal action arising from domestic abuse, as defined in section 236.2, the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action.
86 Acts, ch 1179, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.15 - Application for designation and funding as a provider of services for victims of domestic abuse.

236.15 Application for designation and funding as a provider of services for victims of domestic abuse.
Upon receipt of state or federal funding designated for victims of domestic abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of domestic abuse or sexual assault. The application shall be submitted on a form prescribed by the department and shall include, but not be limited to, information regarding services to be provided, budget, and security measures.
85 Acts, ch 175, §6; 89 Acts, ch 279, §5; 91 Acts, ch 218, §13
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.16 - Department powers and duties.

236.16 Department powers and duties.
1. The department shall:
a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of domestic abuse.
b. Design and implement a uniform method of collecting data from domestic abuse organizations funded under this chapter.
c. Designate and award moneys for publicizing and staffing a statewide, toll-free telephone hotline for use by victims of domestic abuse. The department may award a grant to a public agency or a private, nonprofit organization for the purpose of operating the hotline. The operation of the hotline shall include informing victims of their rights and of various community services that are available, referring victims to service providers, receiving complaints concerning misconduct by peace officers and encouraging victims to refer such complaints to the office of ombudsman, providing counseling services to victims over the telephone, and providing domestic abuse victim advocacy.
d. Advertise the toll-free telephone hotline through the use of public service announcements, billboards, print and broadcast media services, and other appropriate means, and contact media organizations to encourage the provision of free or inexpensive advertising concerning the hotline and its services.
e. Develop, with the assistance of the entity operating the telephone hotline and other domestic abuse victim services providers, brochures explaining the rights of victims set forth under section 236.12 and the services of the telephone hotline, and distribute the brochures to law enforcement agencies, victim service providers, health practitioners, charitable and religious organizations, and other entities that may have contact with victims of domestic abuse.
2. The department shall consult and cooperate with all public and private agencies which may provide services to victims of domestic abuse, including but not limited to, legal services, social services, prospective employment opportunities, and unemployment benefits.
3. The department may accept, use, and dispose of contributions of money, services, and property made available by an agency or department of the state or federal government, or a private agency or individual.
85 Acts, ch 175, §7; 89 Acts, ch 279, §6; 91 Acts, ch 218, §15; 2013 Acts, ch 10, §30
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.17 - Domestic abuse training requirements.

236.17 Domestic abuse training requirements.
The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of domestic abuse prevention and services. Domestic abuse training may include, but is not limited to, the following areas:
1. The enforcement of both civil and criminal remedies in domestic abuse matters.
2. The nature, extent, and causes of domestic abuse.
3. The legal rights and remedies available to domestic abuse victims, including crime victim compensation.
4. Services available to domestic abuse victims and their children, including the domestic abuse telephone hotline.
5. The mandatory arrest provisions of section 236.12, and other duties of peace officers pursuant to this chapter.
6. Techniques for intervention in domestic abuse cases.
91 Acts, ch 218, §16; 91 Acts, ch 219, §33
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236 - DOMESTIC ABUSE › Section 236.18 - Reference to certain criminal provisions.

236.18 Reference to certain criminal provisions.
In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to domestic abuse assaults are set forth in chapter 664A and sections 708.2A and 708.2B.
91 Acts, ch 218, §17; 2012 Acts, ch 1021, §52
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.2 - Definitions.

236A.2 Definitions.
For purposes of this chapter, unless a different meaning is clearly indicated by the context:
1. “Department” means the department of justice.
2. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of sexual abuse.
3. “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.
4. “Pro se” means proceeding on one’s own behalf without legal representation.
5. “Sexual abuse” means any commission of a crime defined in chapter 709 or section 726.2 or 728.12. “Sexual abuse” also means any commission of a crime in another jurisdiction under a statute that is substantially similar to any crime defined in chapter 709 or section 726.2 or 728.12.
6. “Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.
2017 Acts, ch 121, §5
Referred to in §507B.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.3 - Commencement of actions — waiver to juvenile court.

236A.3 Commencement of actions — waiver to juvenile court.
1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie where either the plaintiff or defendant resides. The petition shall state the following:
a. Name of the plaintiff and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
b. Name and address of the parent or guardian filing the petition, if the petition is being filed on behalf of an unemancipated minor. A mailing address may be provided by the plaintiff pursuant to section 236A.11.
c. Name and address, if known, of the defendant.
d. Nature of the alleged sexual abuse.
e. Name and age of each child under eighteen whose welfare may be affected by the controversy.
f. Desired relief, including a request for temporary or emergency orders.
2. A temporary or emergency order shall be based on a showing of a prima facie case of sexual abuse. If the factual basis for the alleged sexual abuse is contested, the court shall issue a protective order based upon a finding of sexual abuse by a preponderance of the evidence.
3. a. The filing fee and court costs for an order for protection and in a contempt action under this chapter shall be waived for the plaintiff.
b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff. When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state and other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
4. If the person against whom relief from sexual abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.
2017 Acts, ch 121, §6
Referred to in §236A.8, 236A.19, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.4 - Plaintiffs proceeding pro se — provision of forms and assistance.

236A.4 Plaintiffs proceeding pro se — provision of forms and assistance.
1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the exclusive forms used by plaintiffs proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district court.
2. The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.
2017 Acts, ch 121, §7
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.5 - Assistance by county attorney.

236A.5 Assistance by county attorney.
A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the person or plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include but is not limited to assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.
2017 Acts, ch 121, §8
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.6 - Hearings — temporary orders.

236A.6 Hearings — temporary orders.
1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the defendant, a hearing shall be held at which the plaintiff must prove the allegation of sexual abuse by a preponderance of the evidence.
2. The court may enter any temporary order it deems necessary to protect the plaintiff from sexual abuse prior to the hearing upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
3. If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
4. Upon application of the plaintiff or defendant, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
5. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
6. Hearings shall be recorded.
2017 Acts, ch 121, §9
Referred to in §232.8, 236A.8, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.7 - Disposition.

236A.7 Disposition.
1. Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order which may contain but is not limited to any of the following provisions:
a. That the defendant cease sexual abuse of the plaintiff.
b. That the defendant stay away from the plaintiff’s residence, school, or place of employment.
2. The court may approve a consent agreement without a finding that the defendant has engaged in sexual abuse, which may contain but is not limited to any of the provisions specified in subsection 1.
3. An order for a protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by the plaintiff or defendant and after notice and hearing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the plaintiff, persons residing with the plaintiff, or members of the plaintiff’s immediate family. The number of extensions that can be granted by the court is not limited.
4. The order shall state whether the defendant is to be taken into custody by a peace officer for a violation of the terms stated in the order.
5. The court may order that the defendant pay the plaintiff’s attorney fees and court costs.
6. An order or consent agreement under this section shall not affect title to real property.
7. A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all persons and the county sheriff previously notified.
8. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
9. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.
2017 Acts, ch 121, §10; 2022 Acts, ch 1042, §3, 4
Referred to in §236A.8, 236A.19, 331.424, 664A.4, 915.22, 915.50
For restrictions concerning issuance of mutual protective orders, see §236A.20
Subsection 1, unnumbered paragraph 1 amended
NEW subsection 2 and former subsections 2 - 8 renumbered as 3 - 9