Protective Orders

Protective Orders: A necessary defense in dire circumstances, but sometimes misused

When a relationship becomes physically violent, it’s time to get out. Under Iowa law, an abuse victim can ask the court for immediate protection from their abusive spouse, partner or co-parent. A civil protective order is issued and immediately restricts the abuser from contact with the victim. Often these orders are the only way to stop abuse. But they can also be misused by parents and spouses trying to get the upper hand over the children in a divorce or custody battle. No matter which side of the case you’re on, you’ll need a strong advocate fighting for you, and Legue Law has extensive experience litigating and resolving protective orders.

  • Protective orders are sometimes called “no-contact” orders and they are issued “ex-parte,” which means they become binding on the opposing party without any notice or partipation in the process
  • Once issued, the defendant in a protective order faces immediate jail time if they contact the person who obtained the order.
  • Because they are issued without notice, the defendant has a right to contest the order at a hearing within 15 days.
  • While they are often necessary to protect victims of abuse, they can also be misused by parents trying to gain leverage over child custody.

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