Attorney FAQ

When a peace officer has probable cause to believe that a Domestic Assault has occurred, they are required by law to arrest the person whom they believe to be the primary physical aggressor. Domestic violence is a crime. The County Attorney's Office recognizes that domestic violence devastates victims, children, and the community at large. Safety and intervention for the victims and children who witness violence are our primary concerns.

No. Victims often feel responsible for involving the police and getting the defendant "in trouble" with the law. It is important for the victim to realize that it was the defendant's actions that caused the charges to be filed. The victim can take some comfort in knowing that it is the State of Iowa — not the victim — pressing charges. It is ultimately the decision of the County Attorney to decide how the criminal charges are pursued. The victim's responsibility is one of a witness to a crime. While it may be difficult, the only requirement made of the victim is to tell the truth and appear in court when summoned.

Issues involving No Contact Orders are handled by the Court. In Iowa, judges are required to enter a No Contact Order at initial appearance in Domestic Assault and certain other cases. Since the case is handled on behalf of the State of Iowa, it is not automatic upon your request that the No Contact Order would be dropped. The County Attorney may oppose a request to lift (drop) or amend a No Contact Order. It is up to the Judge to make a determination whether the Defendant poses a threat to your safety or the safety of other household members.

If the situation is immediate, call 911. Crimes should be reported directly to the law enforcement agency where the crime occurred. Law enforcement agencies make reports, investigate crimes, and when necessary issue warrants and make arrests. The County Attorney is typically not involved until after an arrest is made. Once an arrest is made and the Defendant has appeared in court, you may contact our office to discuss your case further or visit the Victim/Witness Assistance section of our website.

If you receive a subpoena for your appearance and testimony, then you are under court order to appear. There may be some court dates that occur that you do not have to attend. You may always call your Victim/Witness Coordinator to see if you are supposed to be in court or not. 

If your driver license has been suspended due to nonpayment of fines, you may be eligible to regain your driving privileges by entering into a payment plan with the County Attorney’s Office. Please visit the Payment Plan section of our website for more information.

The County does not provide bankruptcy services. To get help, you will need to either find your own legal representation, or visit the Bankruptcy Court/Clerk. Here is their website for details.