Iowa Code

Iowa Code § 235F.2 (2026)

Commencement of actions — waiver to juvenile court

✓ current as of July 2026

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1. A vulnerable elder or a substitute petitioner may seek relief from elder abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state all of the following:

a. The name of the vulnerable elder and the name and address of the vulnerable elder’s attorney, if any. If the vulnerable elder is proceeding pro se, the petition shall state a mailing address for the vulnerable elder.

b. The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable elder, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall state a mailing address for the substitute petitioner.

c. The name and address, if known, of the defendant.

d. The relationship of the vulnerable elder to the defendant.\n\nTue Dec 09 22:20:44 2025 Iowa Code 2026, Chapter 235F (18, 0) 3 ELDER ABUSE, §235F.5\n\n e. The nature of the alleged elder abuse.

f. The name and age of any other individual whose welfare may be affected.

g. The desired relief, including a request for temporary or emergency orders.

2. A temporary or emergency order may be based on a showing of a prima facie case of elder abuse. If the factual basis for the alleged elder abuse is contested, the court shall issue a protective order based upon a finding of elder abuse by a preponderance of the evidence.

3. a. The filing fee and court costs for an order for protection and in a contempt action resulting from an order granted under this chapter or chapter 664A shall be waived for the plaintiff.

b. The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff.

c. When a permanent order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs.

d. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in the state, and any other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.

4. If the person against whom relief from elder abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.

5. If a substitute petitioner files a petition under this section on behalf of a vulnerable elder, the vulnerable elder shall retain the right to all of the following: a. To contact and retain counsel. b. To have access to personal records. c. To file objections to the protective order. d. To request a hearing on the petition. e. To present evidence and cross-examine witnesses at the hearing. 2014 Acts, ch 1107, §2 Referred to in §235F.7 \n

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2016–2021 · leading case: Upon the Petition of Judith Ann Chapman, 890 N.W.2d 853 (Iowa 2017).

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Upon the Petition of Judith Ann Chapman, 890 N.W.2d 853 (Iowa 2017). · cites it 8× “On November 4, Chapman filed a petition for relief from elder abuse under Iowa Code section 235F.2. She named Wilkinson as the defendant and alleged that the nature of the abuse was a “property dispute” and that he was “trying to take [her] home before [her] death.”

George E. Struve, by Substitute Dianne Lawrence, Paul Struve, & Ronald Struve v. Perry Struve & Clayton Struve, 930 N.W.2d 368 (Iowa 2019). · cites it 6× “" Iowa Code § 235F.2(1). A "substitute petitioner" is "a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder, or other interested person who files a petition under this chapter.”

Upon the Petition of Judith Ann Chapman, & Concerning John Kendall Wilkinson Jr. (Iowa Ct. App. 2016). · cites it 4× “” Iowa Code § 235F.1(5)(a)(4). “‘Financial exploitation’ relative to a vulnerable elder means when a person stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over…”

Amended May 8, 2017 Upon the Petition of Judith Ann Chapman (Iowa 2017). · cites it 4× “On November 4, Chapman filed a petition for relief from elder abuse under Iowa Code section 235F.2. She named Wilkinson as the defendant and alleged that the nature of the abuse was a “property dispute” and that he was “trying to take [her] home before [her] death.”

Jay Driesen, Substitute for Cindy Davis v. Katherine Kerr-Davis (Iowa Ct. App. 2021). · cites it 3× “3 See Iowa Code § 235F.2(1). Thus, Dreisen, who falls under the exception to the rule requiring that an action be prosecuted by a real party in interest, filed the petition in his own name as substitute petitioner for Cindy, the real party in interest.”

Arlin George Riley, plaintiff-appellee/cross-appellant v. Matthew Riley, defendant-appellant/cross-appellee. -------------------------------------------------------- Arlin George Riley, plaintiff-appellee/cross-appellant v. Denise Riley, defendant-appellant/cross-appellee. (Iowa Ct. App. 2017). · cites it 2× “” Iowa Code § 235F.2(1). Upon the filing of such a petition, the court shall hold a hearing at which the petitioner “must prove the allegation of elder abuse by a preponderance of the evidence.”

Jay Driesen & Raymond Ehrman v. Iowa Dep't of Human Servs., Misty Spooner, & Shayne Mayer (Iowa Ct. App. 2018). · cites it 2× “See Iowa Code § 235F.2(1). Ehrman and Driesen alleged the State defendants and the county attorney overreached in seeking to (1) find the elderly man a dependent adult subject to dependent adult abuse, (2) void their power of attorney, and (3) appoint a guardian and conservator.”

Hadaway v. Hadaway (Iowa Ct. App. 2020). · cites it 2× “” Iowa Code § 235F.2(3)(a); accord Conrad v.”

— Iowa Code § 235F.2(1) — 7 cases

Upon the Petition of Judith Ann Chapman, 890 N.W.2d 853 (Iowa 2017). “On November 4, Chapman filed a petition for relief from elder abuse under Iowa Code section 235F.2. She named Wilkinson as the defendant and alleged that the nature of the abuse was a “property dispute” and that he was “trying to take [her] home before [her] death.”

George E. Struve, by Substitute Dianne Lawrence, Paul Struve, & Ronald Struve v. Perry Struve & Clayton Struve, 930 N.W.2d 368 (Iowa 2019). “" Iowa Code § 235F.2(1). A "substitute petitioner" is "a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder, or other interested person who files a petition under this chapter.”

Upon the Petition of Judith Ann Chapman, & Concerning John Kendall Wilkinson Jr. (Iowa Ct. App. 2016). “” Iowa Code § 235F.1(5)(a)(4). “‘Financial exploitation’ relative to a vulnerable elder means when a person stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over…”

Arlin George Riley, plaintiff-appellee/cross-appellant v. Matthew Riley, defendant-appellant/cross-appellee. -------------------------------------------------------- Arlin George Riley, plaintiff-appellee/cross-appellant v. Denise Riley, defendant-appellant/cross-appellee. (Iowa Ct. App. 2017). “” Iowa Code § 235F.2(1). Upon the filing of such a petition, the court shall hold a hearing at which the petitioner “must prove the allegation of elder abuse by a preponderance of the evidence.”

Amended May 8, 2017 Upon the Petition of Judith Ann Chapman (Iowa 2017). “On November 4, Chapman filed a petition for relief from elder abuse under Iowa Code section 235F.2. She named Wilkinson as the defendant and alleged that the nature of the abuse was a “property dispute” and that he was “trying to take [her] home before [her] death.”

— Iowa Code § 235F.2(2) — 2 cases

— Iowa Code § 235F.2(3) — 1 case

— Iowa Code § 235F.2(3)(a) — 1 case

Hadaway v. Hadaway (Iowa Ct. App. 2020). “” Iowa Code § 235F.2(3)(a); accord Conrad v.”

— Iowa Code § 235F.2(5) — 2 cases

Jay Driesen, Substitute for Cindy Davis v. Katherine Kerr-Davis (Iowa Ct. App. 2021). “3 See Iowa Code § 235F.2(1). Thus, Dreisen, who falls under the exception to the rule requiring that an action be prosecuted by a real party in interest, filed the petition in his own name as substitute petitioner for Cindy, the real party in interest.”

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