236.2 Definitions.

444 words·~2 min read·/ia/chapter-236-domestic-abuse/236-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of this chapter, unless a different meaning is clearly indicated by the context:

1. “Department” means the department of justice.

2. “Domestic abuse” means committing assault as defined in section 708.1 under any of the following circumstances:

a. The assault is between family or household members who resided together at the time of the assault.

b. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.

c. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.

d. The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.

(1)The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:

(a)The duration of the relationship.

(b)The frequency of interaction.

(c)Whether the relationship has been terminated.

(d)The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement.

(2)A person may be involved in an intimate relationship with more than one person at a time.

3. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of domestic abuse.

4. a. “Family or household members” means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.

b. “Family or household members” does not include children under age eighteen of persons listed in paragraph “a”.

5. “Intimate relationship” means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.

6. “Plaintiff” includes a person filing an action on behalf of an unemancipated minor.

7. “Pro se” means a person proceeding on the person’s own behalf without legal representation.

8. “Support services” include but are not limited to legal services, counseling services, transportation services, child care services, and advocacy services.

[C81, §236.2]

85 Acts, ch 175, §2; 87 Acts, ch 154, §1; 89 Acts, ch 279, §2, 3; 91 Acts, ch 218, §4; 93 Acts, ch 157, §1; 95 Acts, ch 180, §7; 2002 Acts, ch 1004, §1, 2; 2003 Acts, ch 44, §52; 2009 Acts, ch 41, §263

Referred to in §9E.2, 135B.7, 236.5, 236.13, 507B.4, 598.41, 598C.305, 611.23, 708.2A, 708.2B, 804.7