Legal Question in Criminal Law in Iowa

Here�s the facts before I ask the question:

1) I have 2 sons with my ex. 7 & 4 years old (which I have Wed night/every other weekend)

2) My ex has called DHS (department of human resources/child protective services) on my wife and I multiple times. The first case being unfounded. The second case with charges of abuse was unfounded, the 3rd case was founded �leaving the children home alone�. (which couldn�t be future from the truth!) Anyway, my wife was obviously very upset and did something out of character for her�

3) Keyed my ex�s car in frustration of this constant harassment/allegations and now charges received (she knows this was not a smart move)

4) My ex got a restraining order on my wife, which also includes her immediate family (my sons). The judge would not modify the order at the time it was issued (I�m assuming due to the criminal charges and DHS investigation)

5) I now cannot bring my own sons into our home on the days I have them. We stay in a hotel on Wednesday evening and travel 5 hours (one way) on the weekends to stay with my parents.

Now my question(s): I know Iowa law has a limit of 1 yr. on restraining orders� do we wait and get though this? What�s the likelihood of my ex getting it reinstated at the end of a year? What�s the likelihood of us getting it modified to at least not include my sons (her step sons). Can�t a judge see that my father/son time now because of this order is no longer a stable environment staying in hotels and traveling every other weekend as well as not quality time with my sons?

They miss their step-mom, they miss their home, their beds, their toys, their step sisters who live with us and being at our home. Need some advice/help!


Asked on 3/20/15, 8:21 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Get an attorney, is the best advice I can give you. Vandalism is far more than "not a smart move."

Read more
Answered on 5/04/15, 7:23 am


Related Questions & Answers

More Criminal Law questions and answers in Iowa