Legal Question in Criminal Law in Iowa

Statutes for domestic assault

I need to get the statutes on domestic assault and high lites to all the felony and misdemenor with word against word cases. Thats male on female complaints.


Asked on 1/20/04, 8:55 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Statutes for domestic assault

"Domestic abuse assault" is assault as defined in Iowa Code section 708.1, which is a) an act intended to cause pain or injury or intended to coupled with the apparent ability to execute the act, 2) an act intended to place another in fear of immediate physical contact which is painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act, 3) intentionally pointing a firearm at a person or displaying any dangerous weapon toward another.

"Domestic abuse" as defined in Iowa Code section 236.2 is abuse between family or household members residing together, separated or divorced spouses not residing together, parents of the same child, persons who have been family or household members residing within the last year who are not now residing together.

A "family member" includes relatives by marriage or blood, parents of the same child or cohabitants.

Domestic abuse assault in Iowa is chargeable as class D felony if it is a third or subsequent offense, and it is punishable by not more than 5 years in prison and a fine of between $750 to $7,500 subject to the 30 per cent surcharge on fines. In addition there is no parole or work release for the first year of imprisonment and no suspended or deferred judgment is available.

In addition to state penalties there are significant collateral effects on a federal level relative to immigration status and the ability to possess firearms.

As to the "case highlights" with "word against word thats male on female complaints" you have asked about, you need to refine your inquiry by stating what it is you hope to accomplish from knowing about them. In addition, such research is of limited value in a trial setting and is more appropriate to an appeal.

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Answered on 1/21/04, 10:26 am


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