Iowa Code

Iowa Code § 236.3 (2026)

Commencement of actions — waiver to juvenile court

✓ current as of July 2026

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1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from domestic abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state the:

a. Name of the plaintiff and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 236.10.

b. Name and address of the parent or guardian filing the petition, if the petition is being filed on behalf of an unemancipated minor. A mailing address may be provided by the plaintiff pursuant to section 236.10.

c. Name and address, if known, of the defendant.

d. Relationship of the plaintiff to the defendant.

e. Nature of the alleged domestic abuse.

f. Name and age of each child under eighteen whose welfare may be affected by the controversy.

g. Name or description of any pet or companion animal owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. However, this paragraph shall not apply to livestock as defined in section 717.1, held solely or primarily for commercial purposes.

h. Desired relief, including a request for temporary or emergency orders.

2. A temporary or emergency order shall be based on a showing of a prima facie case of domestic abuse. If the factual basis for the alleged domestic abuse is contested, the court shall issue a protective order based upon a finding of domestic 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 under this chapter 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. When an 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. In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in this state, and 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 domestic abuse is being sought is seventeen\n\nTue Dec 09 22:20:44 2025 Iowa Code 2026, Chapter 236 (31, 0) 3 DOMESTIC ABUSE, §236.4\n\nyears of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court. [C81, §236.3] 85 Acts, ch 175, §3; 86 Acts, ch 1237, §12; 91 Acts, ch 218, §5; 95 Acts, ch 180, §8 – 10; 96 Acts, ch 1034, §12; 2000 Acts, ch 1119, §1; 2001 Acts, ch 43, §1; 2002 Acts, ch 1004, §3; 2002 Acts, ch 1119, §36; 2003 Acts, ch 44, §53; 2003 Acts, ch 151, §7; 2009 Acts, ch 41, §263; 2013 Acts, ch 16, §1, 3; 2014 Acts, ch 1098, §1 Referred to in §9E.2, 232.8, 236.6, 236.19, 598.41, 598C.305, 915.50 \n

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1994–2025 · leading case: Bartsch v. Bartsch, 636 N.W.2d 3 (Iowa 2001).

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Bartsch v. Bartsch, 636 N.W.2d 3 (Iowa 2001). · cites it 2× “It allows a petition to be filed without payment of costs, Iowa Code § 236.3 (7); forms are provided for pro se filing, Iowa Code § 236 .”

Wilker v. Wilker, 630 N.W.2d 590 (Iowa 2001). “See Iowa Code §§ 236.3 , .3A. The affidavit attached to the form described the incident, but did not link the physical violence specifically to one person.”

Smith v. Smith, 513 N.W.2d 728 (Iowa 1994). · cites it 2× “See Iowa Code §§ 236.3 , 236.3A (1993). We conclude the plaintiffs petition sufficiently stated a domestic abuse claim in compliance with our “notice pleading” requirements.”

Teri Root v. Talton Toney, 841 N.W.2d 83 (Iowa 2013). “” Compare Iowa Code § 236.3 (1), with id. § 598.2. Taitón specifically relies on Hinds v.”

Van Baale v. City of Des Moines, 550 N.W.2d 153 (Iowa 1996). “See Iowa Code § 236.3 (1993). Van Baale did not meekly submit to arrest, and was also charged with interference with official acts by displaying a dangerous weapon.”

Bacon Ex Rel. Bacon v. Bacon, 567 N.W.2d 414 (Iowa 1997). “See Iowa Code § 236.3 (Supp/1995) (allowing parent on behalf of unemancipated minor to seek relief from domestic abuse).”

Stewart v. Stewart, 687 N.W.2d 116 (Iowa Ct. App. 2004). “See Iowa Code §§ 236.3 , .4. The matter came on for hearing before the Honorable John Bauercamper.”

D.M.H. v. Thompson, 577 N.W.2d 643 (Iowa 1998). · cites it 2× “See Iowa Code § 236.3 (Supp.1995). Although Iowa Code section 236.”

State of Iowa v. Jordan Kevin Cole (Iowa 2025). · cites it 4× “See Iowa Code § 236.3 (1)(e). The consent order then provided as follows: [Cole] is restrained from committing further acts of abuse or threats of abuse.”

Petition of Meyers-Thompson, 577 N.W.2d 643 (Iowa 1998). · cites it 2× “See Iowa Code § 236.3 (Supp.1995). Although Iowa Code section 236.”

Chantell Shores-Irvin v. Travis E. Irvin (Iowa Ct. App. 2021). “See Iowa Code § 236.3 (1)(e); see also Knight v.”

Crissy Marie Arens v. Thomas Joseph Arens (Iowa Ct. App. 2014). “” Iowa Code § 236.3 (2). As relevant here, Iowa Code section 708.”

— Iowa Code § 236.3(1)(e) — 1 case

State of Iowa v. Jordan Kevin Cole (Iowa 2025). “See Iowa Code § 236.3 (1)(e). The consent order then provided as follows: [Cole] is restrained from committing further acts of abuse or threats of abuse.”

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