1. A person, including a parent or guardian on behalf of an unemancipated minor, may
seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie
where either the plaintiff or defendant resides. The petition shall state the following:
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 236A.11.
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 236A.11.
c. Name and address, if known, of the defendant.
d. Nature of the alleged sexual abuse.
e. Name and age of each child under eighteen whose welfare may be affected by the
controversy.
f. 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\n\nTue Dec 09 22:20:39 2025 Iowa Code 2026, Chapter 236A (28, 0)
§236A.3, SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES 2\n\nsexual abuse. If the factual basis for the alleged sexual abuse is contested, the court shall issue
a protective order based upon a finding of sexual 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 sexual 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.
2017 Acts, ch 121, §6
Referred to in §236A.8, 236A.19, 915.50
\n
Notes of Decisions
Cited in
8
cases (
6 in the last 5 years), 2020–2023 · leading case:
T.D. v. J.P. (Iowa Ct. App. 2020).
T.D. v. J.P. (Iowa Ct. App. 2020).
· cites it 2× “” See Iowa Code § 236A.3. A preponderance means the greater weight of the evidence.”
M.W. v. J.W. (Iowa Ct. App. 2020).
“Iowa Code § 236A.3(1) (allowing a parent or guardian to file a petition on behalf of a minor).”
R.M. v. D.S. (Iowa Ct. App. 2021).
“See Iowa Code § 236A.3(4) (“If the person against whom relief from sexual 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.”
J.F. on behalf of B.A.F. v. K.M. (Iowa Ct. App. 2022).
“See Iowa Code § 236A.3(2) (“If the factual basis for the alleged sexual abuse is contested, the court shall issue a protective order based upon a finding of sexual abuse by a preponderance of the evidence.”
K.C. v. T.L. (Iowa Ct. App. 2022).
“Sexual abuse occurs when a person commits a sex act “by force or against the will of the other” or when “[s]uch other person is a child.”
R.M. v. D.S. (Iowa Ct. App. 2023).
“See Iowa Code § 236A.3(4) (2020). 3 one day after the extended order expired.”
C.S., on behalf of H.S., a child v. J.C. (Iowa Ct. App. 2023).
“Sexual abuse occurs when a person commits a sex act “by force or against the will of the other” or when “[s]uch other person is a child.” Id. § 709.1(1), (3) (defining sexual abuse); see also id.”
— Iowa Code § 236A.3(1) — 1 case
M.W. v. J.W. (Iowa Ct. App. 2020).
“Iowa Code § 236A.3(1) (allowing a parent or guardian to file a petition on behalf of a minor).”
— Iowa Code § 236A.3(2) — 4 cases
J.F. on behalf of B.A.F. v. K.M. (Iowa Ct. App. 2022).
“See Iowa Code § 236A.3(2) (“If the factual basis for the alleged sexual abuse is contested, the court shall issue a protective order based upon a finding of sexual abuse by a preponderance of the evidence.”
K.C. v. T.L. (Iowa Ct. App. 2022).
“Sexual abuse occurs when a person commits a sex act “by force or against the will of the other” or when “[s]uch other person is a child.”
C.S., on behalf of H.S., a child v. J.C. (Iowa Ct. App. 2023).
“Sexual abuse occurs when a person commits a sex act “by force or against the will of the other” or when “[s]uch other person is a child.” Id. § 709.1(1), (3) (defining sexual abuse); see also id.”
— Iowa Code § 236A.3(4) — 2 cases
R.M. v. D.S. (Iowa Ct. App. 2021).
“See Iowa Code § 236A.3(4) (“If the person against whom relief from sexual 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.”
R.M. v. D.S. (Iowa Ct. App. 2023).
“See Iowa Code § 236A.3(4) (2020). 3 one day after the extended order expired.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.