Options for Reporting, Protection, and Compensation
Getting a “Protective” or “No Contact” Order
Iowa State Law on Domestic Violence
University of Iowa Policies on violence and gender based crimes
Sexual Harassment at the University of Iowa
Options for Reporting, Protection, and Compensation
If you have experienced abuse or harrassment you have the option to pursue several different forms of legal and financial recourse.
Civil
Criminal
Judicial (University of Iowa)
Financial Options*: For many survivors of gender based violence there can be serious financial hardships in addition to any physical or emotional harm that has happened as a result of an assault. You may miss work, either immediately after an attack or later during a trial. You may have new expenses, such as those associated with moving to a new home, or making other lifestyle changes. The Crime Victim Compensation Program, can reimburse you for costs incurred as a result of the crime. In addition, rape survivors who reside in the U.S., and who are about to testify in the criminal trial are eligible to apply for a grant to cover the expenses of a support person or persons who will accompany them to court. The trial venue must be over 60 miles from the residence of the support persons in order to qualify. Visit The It Happened to Alexa Foundation's web site for more information.
Getting a “Protective” or “No Contact” order**
On July 1, 1991, Iowa law made it easier to get an order for protection from domestic abuse, known as a "Pro Se" no-contact or protective order under Iowa Criminal Code Chapter 236. Essentially, this is a court order telling a batterer they must stay away from the intimate partner they are abusing.
Every courthouse in Iowa has forms you can use to apply for a "Pro Se" protection order on your own, without an attorney. "Pro Se" means that you act as your own attorney. The Iowa City Domestic Violence Intervention Program (DVIP) 319-351-1043/1-800-373-1043 has advocates who are familiar with this application and how to get this type of order, and they can accompany you to court.
To be eligible for a Pro Se Domestic Abuse Protective Order you must prove at least one of the following in each category below.
Relationship:
• Presently married, even if you are not living together
• Divorced or separated, whether or not you are living together
• Living together in an intimate relationship with the abuser at the time of the abuse (the legal term is “cohabitation”)
• Living together and related by blood (such as parents) or by affinity (such as adoption or marriage)
• You and the abuser are parents of the same child who is under 18 years of age
• You and abuser lived together at some time during the past year and were in an intimate relationship
• You and the abuser lived together at some time during the past year and were related by blood or affinity
Abuse and present threat of harm: You must show that an assault, as defined by law (Iowa Criminal Code 708.1), has occurred. Assault means ONE of the following must have happened:
• Someone physically abused you
• Someone pointed a gun at you or displayed a dangerous weapon (such as a knife) toward you in a threatening manner
• Someone threatened you with physical contact which would cause pain or injury AND the threat put you in fear, AND the threat could have been carried out immediately.
Residence: You or the abuser must live in Iowa. You must file your form petition in the courthouse located in the county where either you or the abuser is living.
Under Chapter 236, and provided you meet the above requirements, the court can do many things to protect you. The court can order, for example:
• That the abuser stop abusing you
• That the abuser leave the house or apartment
• That the abuser provide you with some other place to stay
• That the abuser stay away from where you live, where you go to school and where you work
• Who will have custody of the children and special precautions for their safety
• Visitation of the children with special arrangements for when the abuser can visit the children and how they can visit, without having any contact with you
• Financial support for your children and you
• Counseling for you, for the abuser, and for the children. You or the abuser will probably have to pay for any court-ordered counseling.
The court can issue three kinds of protection orders which are listed below. The judge assumes that the reason you ask for either a temporary order or an emergency order is to get a permanent order.
• Temporary Order: Issued the same day you file the petition asking for protection. Good until the time of the court hearing (to determine the permanent order), normally within 15 days of the day the temporary order is issued.
• Permanent Order: Issued at the end of the court hearing held within 15 days of getting the temporary order. At the hearing, you prove abuse took place, and the abuser has a chance to prove abuse didn’t take place. Good for up to one year.
• Emergency Order: Issued at night or over a weekend when the courthouse is not open. Good for 72 hours. If you need an order at night or over a weekend, call the domestic abuse program nearest you or the Iowa Domestic Abuse Hotline, at 1-800-942-0333.
Iowa State Law on Domestic Violence
Iowa law combines two sections of the criminal code to define domestic violence. The assault code, which defines criminal behavior, and the domestic abuse act, which defines a domestic relationship.
Iowa Criminal Code 708 defines assault as one of the following:
• Physical contact that is insulting or can cause an injury
• The threat of physical contact and the apparent ability to carry the threat out
• Using a weapon in a threatening manner
Iowa Criminal Code 236, which lays out the Domestic Abuse Act, defines a domestic relationship as one of the following:
• Two individuals that are married, divorced or separated
• Two individuals that have lived together at some point in the past year
• Two individual that have a child in common, whether or not they have been married, divorced or living together at some point in the past year
• Two individuals in an intimate relationship or have been within the past year
If an individual is convicted of a domestic abuse assault they are likely to face either mandated jail time or mandatory attendance in a batterer's education program. However, consequences vary based on the seriousness of the criminal conviction. If you have questions about your situation, you can contact an advocate from the Domestic Violence Intervention Program at 319-351-1043 or 1-800-373-1043. An advocate can give you information or referrals about your legal rights, mandatory arrest, enhanced penalties, stalking, no-contact orders, custody Issues, victim compensation, and immigration issues related to domestic violence
University of Iowa Policies on violence and gender based crimes
To see University of Iowa Policies related to sexual assault visit:
The UI Violence Policy at http://www.uiowa.edu/~our/opmanual/ii/10.htm
Sexual Harassment at the University of Iowa
To see University of Iowa Policies related to Sexual Harassment visit http://www.uiowa.edu/~our/opmanual/ii/04.htm or http://www.sexualharassment.uiowa.edu/policy.php
For more information on the Crime Victim Compensation Program, visit the webpage for the Iowa Department of Justice Office of the Attorney General, http://www.state.ia.us/government/ag/helping_victims/services/compensation_program.html
To see Iowa Criminal Code 236, the Domestic Abuse Act, visit www.legis.state.ia.us/IACODE/2003SUPPLEMENT/236/2.html
*This information was borrowed from the Rape Victim Advocacy Program, http://www.rvap.org/pages/home/
