DEFENDING AGAINST DOMESTIC ABUSE CHARGES IN IOWA
A domestic abuse assault charge can affect much more than the criminal case itself. An arrest may immediately result in a no-contact order that affects where a person can live, contact with family members, and access to the home. A conviction can carry jail time, treatment requirements, firearm restrictions, and enhanced penalties for future offenses.
Lucas Taylor has substantial experience defending domestic abuse assault cases throughout Iowa. He has tried and won numerous domestic abuse cases before Iowa juries and has experience handling these cases from the initial no-contact order through trial.
Domestic Abuse Assault Under Iowa Law
Iowa law refers to the criminal offense as domestic abuse assault. Under Iowa Code section 708.2A, the state must prove both an assault and the qualifying domestic relationship required by law.
Domestic abuse assault can involve spouses, former spouses, people who live together, people who previously lived together under circumstances covered by the statute, and parents of the same minor child. Whether a particular relationship qualifies under Iowa’s domestic abuse statute can itself become an issue in a criminal case.
The underlying allegation can also take many different forms. Some cases involve allegations of unwanted physical contact or threats. Others involve allegations of bodily injury, strangulation, use of a weapon, or more serious conduct.
Penalties for Domestic Abuse Assault
The level of a domestic abuse assault charge depends on the allegations and the person’s prior history.
A first offense may be a simple misdemeanor. An allegation involving bodily injury or mental illness can increase the offense to a serious misdemeanor. An allegation involving intent to inflict a serious injury, use or display of a dangerous weapon, or strangulation can result in an aggravated misdemeanor or, under some circumstances, a felony.
Prior domestic abuse offenses can also significantly increase the seriousness of a later charge. Iowa law permits certain prior convictions and deferred judgments to be used to enhance subsequent domestic abuse assault charges, and a third or subsequent offense is a class D felony.
Because the degree of the offense can change dramatically based upon both the allegations and prior history, those issues should be examined carefully at the beginning of the case.
No-Contact Orders
A no-contact order is frequently one of the first consequences of a domestic abuse arrest. Under Iowa Code chapter 664A, a court may prohibit contact with the alleged victim and, depending on the order, other members of the household or family.
These orders can create immediate practical problems. A defendant may be unable to return home, communicate directly with a spouse or partner, or have the same contact with children that existed before the arrest.
A no-contact order is a court order even when the protected person wants contact. Violating the order can result in a separate criminal charge or contempt proceeding and additional jail time.
If a person is convicted, receives a deferred judgment, or pleads guilty, the court may continue a no-contact order for up to five years. Iowa law also allows qualifying no-contact orders to be extended for additional five-year periods.
Firearm and Treatment Consequences
Domestic abuse cases can also have consequences that are not obvious from the classification of the criminal charge.
Certain domestic violence convictions and protective orders can prohibit a person from possessing firearms or ammunition. Iowa law makes firearm possession by certain persons subject to domestic-violence-related firearm prohibitions a felony.
A conviction for many domestic abuse assault offenses also requires participation in a batterers’ treatment program. These requirements can continue after the jail portion of a sentence has been completed and may significantly affect the terms of probation.
Defending a Domestic Abuse Assault Case
Domestic abuse cases are often highly dependent upon what occurred between two people in a private setting. There may be no independent eyewitnesses, and the state’s case may depend heavily upon statements made during or shortly after a stressful event.
A careful defense may involve reviewing body-camera footage, 911 calls, photographs, medical records, text messages, prior statements, witness testimony, and the physical evidence. Differences between an initial report and later testimony can be important. So can evidence showing what happened before or after the alleged assault.
The defense must also consider whether the alleged conduct actually satisfies Iowa’s definition of assault and whether the relationship between the parties satisfies the requirements for domestic abuse assault.
Trial Experience Matters
Domestic abuse cases are frequently difficult to evaluate based only upon a police report. Credibility, context, inconsistencies, and the details surrounding the allegation can become critical when the case is presented to a jury.
Lucas Taylor has tried and won numerous domestic abuse assault cases before Iowa juries. His experience includes cases involving allegations of injury, strangulation, and other serious domestic assaults. He prepares these cases with the expectation that the state’s evidence may ultimately need to be tested in court.
Being charged does not mean that a person has been proven guilty. If you have been arrested or charged with domestic abuse assault in Iowa, contact LT Law to discuss the allegations, the no-contact order, and the defenses available in your case.