April 2003

Iowa's Domestic Abuse Act defines domestic abuse in a specific way. This definition of domestic abuse must be met in order for the protections of the Domestic Abuse Act to apply. "Domestic abuse," as defined by the Domestic Abuse Act, is an assault committed between:

• spouses living together or apart; or
• divorced spouses living together or apart; or
• people living together at the time of the assault or who lived together within one year before the assault occurred; or
• people who are parents of the same minor child, even if they have never lived together; or
• people who are in an intimate relationship, or have been in such a relationship and had contact with the year preceding the assault.*

* This section of the law is intended to protect people in dating relationships, who are not covered by other sections of the law.  The law defines an intimate relationship as "a significant romantic involvement that does not have to include sexual involvement."  An intimate relationship is not a casual social relationship, or a business or professional association.  The law lists factors a judge is supposed to consider to decide if people are involved in an intimate relationship, such as how long the relationship lasted, how often the parties saw each other, and the nature of the relationship.  A judge can consider any other factors that would help determine whether the relationship is an intimate relationship.  Remember that if people are already protected by other sections of the Domestic Abuse Act they do not have to prove they are in an intimate relationship.

Minors (those under age 18) can seek protection under the Domestic Abuse Act if they have one of these relationships to their abusers, but minors cannot charge their own parents with domestic abuse. A minor who is abused by a parent can get protection under Iowa's child abuse laws.

An assault is defined in Iowa law as:

• any act which was intended to cause pain or injury to another, or an act intended to result in physical contact which is insulting or offensive to another; or
• any act intended to place another person in fear of painful injuries or offensive physical contact, when the person has the apparent ability to commit the act; or
• anytime someone points a firearm on purpose toward another person, or displays any dangerous weapon in a threatening manner.

So, physical abuse, such as hitting or shoving, can be an assault even if a victim does not suffer any injury such as a bruise or broken nose. A threat can be an assault if the victim thinks the abuser will carry through with the threat.

Sexual assault can also be domestic abuse under the Domestic Abuse Act. Sexual assault can occur when an abuser insists on sexual relations after a victim refuses to have sex. It can also occur when a victim submits to sexual relations out of fear that the abuser will hurt her.

As you can see, the Domestic Abuse Act applies when an assault occurs between people in certain types of relationships.

Sometimes, victims in abusive relationships suffer emotional abuse such as name-calling, or are subjected to controlling tactics such as not being allowed to use a car or phone. These behaviors may show evidence of an abusive relationship, but would not by themselves be considered an assault under the Domestic Abuse Act.