Domestic Violence Charges in Iowa

An assault that is domestic abuse (an assault between family or household members or the other relationships listed in § 236.2) is charged as domestic abuse assault. A first offense is a simple misdemeanor; a serious misdemeanor if it causes bodily injury or mental illness; and an aggravated misdemeanor if committed with intent to cause serious injury, with a dangerous weapon, or by choking (impeding breathing or blood circulation by pressure on the throat or neck or blocking the nose or mouth). Choking that causes bodily injury is a class "D" felony, as is a weapon or choking assault against a person known to be pregnant. A second offense moves up one level, and a third or later domestic abuse assault is a class "D" felony. A person convicted of a first or second offense must serve at least two days in jail and attend a batterers' treatment program.

Iowa's rule on court-appointed lawyers: A person is entitled to a court-appointed attorney if the person's income is at or below 125% of the federal poverty guidelines, unless the court determines the person can pay, considering income, assets subject to execution and the seriousness of the charge. A person with income above 125% but at or below 200% is entitled only if the court makes a written finding that not appointing counsel would cause substantial hardship; above 200%, only if charged with a felony and the court finds substantial hardship. The determination is made on an affidavit of financial status (form set by rule of the state public defender), signed under penalty of perjury and submitted at the initial appearance or when counsel is requested. A person granted an appointed attorney must reimburse the state for the total cost of legal assistance. Iowa Code § 815.9(1)-(3) (Iowa Code 2026)

Lawyers set their own fees, and Iowa has rules on how they may charge. See hiring a criminal defense lawyer in Iowa for fee rules, how to check a lawyer's license and free help.

How release before trial works in Iowa: All defendants are bailable before and after conviction, by sufficient surety, or subject to release on conditions or their own recognizance, except listed defendants (for example, those charged with first-degree murder of a peace officer, and certain defendants awaiting sentencing or appealing convictions for class A felonies, forcible felonies and certain drug felonies). Bailable defendants must be released on personal recognizance or an unsecured appearance bond unless the magistrate determines that will not reasonably assure appearance or will jeopardize another person's safety; the magistrate then imposes the first of the listed conditions that gives that assurance (supervised custody; travel, association or residence limits; an appearance bond with a cash deposit of up to ten percent; a bail bond with surety or cash; or other conditions such as no-contact). Factors include the nature of the offense, family ties, employment, financial resources, character and mental condition, length of residence, record of convictions, and record of appearance. Defendants must be told of the right to have release conditions reviewed, and an indigent defendant is appointed counsel for that review. Iowa Code §§ 811.1(2), 811.2(1), (2), (4) (Iowa Code 2026) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Iowa expungement and record sealing rules.