Des Moines Domestic Violence Attorney

Investigative Defense for Polk County Domestic Assault Charges

A domestic assault charge carries consequences that extend well beyond the courtroom. A conviction can cost you your gun rights, remove you from your own home through a no-contact order, and cut off contact with your children. Fines, mandatory classes, and a permanent criminal record follow. Employers routinely decline to hire anyone with a domestic abuse assault conviction, and that record doesn’t disappear quietly. The stakes demand a defense built on more than general criminal law knowledge.

We’ve handled hundreds of domestic violence cases for Polk County residents. Our attorney’s prior experience as a licensed private investigator directly shapes how we approach these charges. Police reports, body cam footage, and injury claims don’t get surface-level review here. We scrutinize them. That investigative background matters most in domestic assault cases, where the prosecution’s entire case often rests on a single account and what responding officers recorded at the scene. The earlier you contact us, the more room we have to build a strong defense before the prosecution’s narrative sets.

Let Feld Law Firm build a strong defense on your behalf. Contact us as soon as a charge or investigation begins.

Contact us online or call (515) 996-4441 to get started on your case.

What Qualifies as Domestic Assault in Iowa?

The only legal distinction between assault and domestic assault is the domestic element. That element triggers significantly higher penalties, so whether it applies to your situation is often the first question worth examining.

For an assault to qualify as domestic, it must occur between:

• Household or family members
• Separated or divorced spouses not living together
• Persons who are parents of the same minor child
• Persons who have been household or family members within the past year
• Persons in a current or past intimate relationship

Common examples include assaults between cohabiting roommates, parents who share a child, and former spouses. The most frequent cases involve spouses living together. The term “cohabiting” can be contested in court and is a genuinely complex area of Iowa domestic assault law. The specific facts of a living arrangement can change the charge entirely.

No-Contact Orders in Iowa Domestic Assault Cases

Iowa Code 664A.3 requires courts to issue a no-contact order at the initial appearance when probable cause of domestic abuse assault exists and the defendant poses a threat to the protected party’s safety. This happens fast, often before you’ve had any meaningful chance to respond to the accusations.

A no-contact order bars all communication with the protected party: phone, text, email, social media, and personal contact are all prohibited. Third-party communication is equally off-limits. If you share a residence with the protected party, you’ll typically be required to vacate until the case resolves. Violating a no-contact order can result in at least a seven-day jail sentence, and that violation becomes its own criminal exposure on top of the original charge.

Modifying or canceling a no-contact order requires a formal court application. Courts rarely cancel these orders without the protected party’s consent, and a hearing typically takes at least 30 days to schedule. When children are involved, courts may allow limited electronic communication as a middle ground rather than full cancellation. We can represent you at the protective order hearing, argue why an order is unwarranted, and petition to restore home access and contact with your children where the facts support it.

Iowa Domestic Assault Charge Levels & Penalties

Iowa law recognizes three primary levels of domestic assault, each carrying meaningfully different exposure. A first-offense charge with no alleged injury may be filed as a simple misdemeanor, but penalties escalate sharply with the severity of the alleged injury or a prior conviction. Iowa law also imposes a mandatory minimum two-day jail sentence for first- and second-offense domestic abuse convictions.

The three most common charge levels are:

• Domestic assault causing bodily injury: A serious misdemeanor, punishable by up to one year in jail and a $2,560 fine plus a 15% surcharge and $100 in court costs.
• Domestic abuse causing serious injury: An aggravated misdemeanor, punishable by up to two years in prison and an $8,540 fine plus a 15% surcharge and $100 in court costs.
• Domestic abuse assault impeding air flow (strangulation): Under Iowa Code 708.2A, strangulation without bodily injury is an aggravated misdemeanor on a first offense, carrying up to two years in prison and an $8,540 fine plus a 15% surcharge and $100 in court costs. If the strangulation causes bodily injury, the charge elevates to a class D felony, punishable by up to five years in prison and a $10,245 fine plus a 15% surcharge and $100 in court costs.

The distinction between “bodily injury” and “serious injury” isn’t always clear-cut, and that threshold is often a central dispute in these cases.

Iowa Domestic Abuse Program & Additional Consequences

A domestic abuse conviction carries consequences beyond fines and jail time. Courts require convicted offenders to enroll in the Iowa Domestic Abuse Program as a condition of probation. A first-offense conviction typically requires completion of the 24-week program; a second offense typically requires the 36-week program. A women’s program is also available. Classes cost approximately $25 per session and must be completed even after probation ends. Failing to complete the program can result in a contempt finding and up to 180 days in jail.

A domestic abuse conviction also results in loss of gun rights. A felony domestic assault conviction can additionally affect your right to vote.

What to Do After a Domestic Assault Accusation

The minutes and hours after a domestic assault accusation shape the case that follows. Officers responding to domestic calls typically have body cameras running from the moment they arrive. Everything said and done at the scene may be used at trial, and jurors watch that footage. Our attorney’s background as a private investigator means we review that footage carefully, comparing what the recording actually shows against what the police report says it shows. Those two accounts don’t always match.

Don’t speak to police without counsel. When one party calls police and officers arrive, the non-reporting party is typically arrested by default. Officers aren’t there to sort out the full story. Stay calm, keep any statements short, and contact an attorney as soon as possible. You retain the right to use reasonable self-defense under Iowa law, including the stand-your-ground principle, but the force used must be proportional to the threat. Those limits matter and are worth understanding before you say anything about what happened.

False or exaggerated accusations do occur, particularly during contentious relationship disputes or custody conflicts. In many domestic assault cases, the outcome turns on credibility and physical evidence, including whether the injury threshold for a more serious charge was actually met. We’ve obtained expungements and dismissals for many domestic assault clients, including cases that began as minor physical disputes. We also counsel clients on the steps needed to rebuild stability after a charge, not just the immediate case.

Consult with Feld Law Firm

If you’ve been charged with domestic abuse assault in Des Moines, speaking with a defense attorney early can give you a better chance to protect your interests. Depending on the circumstances and the injuries allegedly caused, we may be able to have the domestic assault charge amended or dismissed entirely.

Some cases come down to credibility. Others turn on whether a “bodily injury” or “serious injury” was actually caused. We can walk you through available defenses even if you acknowledge some physical contact occurred. We provide Spanish-speaking support for clients who need it, and legal services start at $1,000.

Call (515) 996-4441 or contact Feld Law Firm online to schedule a free consultation about your domestic assault charge.