Definitions of Domestic Violence - Iowa
Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. § 236.2
'Domestic abuse' means committing assault, as defined in § 708.1, under any of the following circumstances:
- The assault is between family or household members who resided together at the time of the assault.
- The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
- 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.
- 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.
- 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:
- The duration of the relationship
- The frequency of interaction
- Whether the relationship has been terminated
- The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement
A person may be involved in an intimate relationship with more than one person at a time.
Defined in Child Abuse Reporting and Child Protection Laws
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Ann. Stat. § 708.2A
'Domestic abuse assault' means an assault, as defined in § 708.1, that is domestic abuse, as defined in § 236.2.
On a first offense of domestic abuse assault, the person commits:
- A simple misdemeanor for a domestic abuse assault, except as otherwise provided
- A serious misdemeanor if the domestic abuse assault causes bodily injury or mental illness
- An aggravated misdemeanor if any of the following applies:
- The domestic abuse assault is committed with the intent to inflict a serious injury upon another.
- The person uses or displays a dangerous weapon in connection with the assault.
- The domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.
Persons Included in the Definition
Citation: Ann. Stat. § 236.2
'Family or household members' means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity. 'Family or household members' does not include children under age 18 of persons listed.
'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.