The Scott County Clerk's Office has a clerk available to assist individuals who are in need of physical protection from abusive spouses, life partners, or intimate acquaintances. The clerks that work in the Domestic Abuse Department are very helpful and will assist the party requesting the protection as much as possible.
Information regarding Iowa's laws regarding domestic abuse and additional links can be found at the bottom of this page.
How do I go about getting a protective order against someone?
A party requesting a Protective Order must go to the Clerk of District Court's Office and fill out a Petition (Application) For Protection. You can find address and phone information above.
Will Order of Protection also protect my parents, my children, my new partner, my car/property, and will I be protected at work?
The judge will determine the scope of protection required at the hearing.
Do I need a lawyer?
An attorney is not necessary when filing a Petition for a Protective Order.
Do I have to pay anything?
The fees are waived for the Petitioner pursuant to Chapter 236 Code of Iowa.
• The the Code of Iowa
What do I need to bring with me when I apply?
Parties requesting a Protective Order should bring personal identification (picture ID), police reports, and any other evidence they have that will support their claim. They may also bring a friend or family member along for support.
How long does the order last?
The Permanent Order may last up to one year
Is this the same as an eviction and how do I get him/her to leave the residence?
The Protective Order may allow you to gain immediate possession of your home, but it is not considered an action of eviction, and should not be used for that purpose.
Evictions are handled in our Small Claims Department.
How do I get my children back?
The Protective Order has a provision that orders the sheriff to take immediate custody of the minor children and turn them over to the protected party.
How do I get my car back?
The Protective Order has a provision that orders the sheriff to take possession of the car keys and turn them over to the protected party.
If I change my mind how do I dismiss this order?
If the Petitioner chooses to Dismiss an Application for Protection, they must file a Motion/Request to Dismiss. If an Order of Protection has already been issued,
speak to the Domestic Abuse Clerk about your options.
Do I have to be present to obtain a Protective Order?
Yes, the petitioner must be present.
Do I need an appointment?
No appointment is necessary. Our judge is available to consider Petitions For Protection from Domestic Abuse Monday through Friday at 8:30 a.m. to 9:00 a.m. or from 1:30 p.m. to 2:00 p.m. The party needing protection should appear at the clerk's office at 8 a.m. for the morning session and at 1:00 p.m. for the afternoon session.
What happens when I go to Court?
The judge will review the application for protection and determine whether or not a Protective Order should be granted.
What do I do if he/she violates the order?
Call the police and make a report then come to the clerks office to start contempt proceedings.
"How To Protect Yourself From Abuse Without An Attorney" for further guidance and assistance.
To access the booklet "How To Protect Yourself From Domestic Abuse Without An Attorney" you can visit http://www.iowacourtsonline.org
Where do I go for counseling and help?
Contact Family Resources SafePath Survivor Resources at any of the numbers below. Visit Family Resources online at http://www.famres.org.