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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23188
Experience:  18 years of litigation experience.
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I don't know which order of protection I should file or if I

Customer Question

I don't know which order of protection I should file or if I should do a domestic violence charge?
Submitted: 5 months ago.
Category: Family Law
Expert:  Zoey, JD replied 5 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 5 months ago.
I live in Iowa
Expert:  Zoey, JD replied 5 months ago.

Thank you for the reply.

The answer to this question depends in part on what you want to do.

If you report this to the police as a domestic violence incident, the person will get arrested and become the defendant in a criminal case. A criminal order of protection will be automatically issued on your behalf and will remain while the case is ongoing and for a time afterwards to be determined by the judge if the defendant is convicted by plea or verdict.

More to come. Still typing.

Customer: replied 5 months ago.
He has made VERY serious threats. Have him recorded to admitting to having a gun when he is a felon. Says he will use it and take everybody out. says he wants to smash my face in. I was wondering if I could just request a protective order and use 708.1(2)(b) as my charge code
Customer: replied 5 months ago.
While at the gas station last weekend, he pulled in front of my car at gas pump and waited. I had cashier go out and threaten to call cops
Expert:  Zoey, JD replied 5 months ago.

I'm no sure what you're asking. Are you saying you'd rather not get him charge but just want an order?

Expert:  Zoey, JD replied 5 months ago.

Because you could just get the order through the civil court, but with serious threats of violence and what you're describing, you may be better served by a criminal order.

Expert:  Zoey, JD replied 5 months ago.

One difference is that with a criminal order the court will maintain ongoing contact with him as the case proceeds. With the civil order, you can use the incident as grounds to get the order, but once it is converted from a temporary to a permanent order after the hearing, he's not going to be monitored by the court.

Customer: replied 5 months ago.
I want to file it online myself. Is that possible
Expert:  Zoey, JD replied 5 months ago.

Sorry for the delay. I had to take a phone call.

No, you cannot file for a protective order on line. If you're not interested in going to the police and getting charges pressed, you would have to go to civil court and get a form to petition for a protective order.

A civil judge would review your petition and grant you a temporary order. You would have to get someone to serve that order on the defendant. Then you would have a hearing you would both have to attend in order to convert that order from a temporary order to a permanent order.

You'd have the burden of having to show by clear and convincing evidence that you need such an order. You'd have to present evidence -- your testimony, witnesses, texts, emails, voice messages, photos -- what have you supporting your position. He'd get a chance to present evidence to try to show that he was not a threat to you and that you don't need an order.

After all the evidence is in, the judge rules and either lifts the order and dismisses the matter or grants you a permanent order of protection. YOu could read more about the civil order in this overview of the process here.

Expert:  Zoey, JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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