Clarify Iowa’s domestic violence law

During the past 18 months in Iowa, 11 men have been accused of killing women they knew or were intimately involved with; five of those cases occurred in the Corridor.

Given what we know about these tragedies, it is difficult not to consider them the most extreme cases of domestic violence.

Experts say it is not uncommon for domestic violence to escalate over time. That is one reason lawmakers have assigned penalties and protections unique for domestic abuse assault charges, including enhanced victim protections, court-ordered batterers' treatment programs for offenders and escalating punishments for repeat offenders, even if they assault a different victim.

They also say that domestic abuse can happen when partners are married or living together, when they are dating, divorced or estranged.

But in Iowa, the legal definition is not so clear.

The Iowa Code classifies assault as domestic abuse when:

' those involved live together, or lived together during the past year

' those involved are separated or divorced

' those involved are parents of the same child

' those involved are in or have been in an intimate relationship, and have had contact within a year of the assault.

While there is no exact definition for an intimate relationship within the code, lawmakers have provided a list of factors that can be used by courts and law enforcement to make a determination, including the duration of the relationship, the frequency of interaction, whether or not the relationship has ended and the nature of the relationship, characterized by an expectation of sexual or romantic involvement.

The code is also clear that intimate relationships need not be exclusive.

If the individuals involved in the assault do not meet the criteria, the perpetrator faces only simple assault and none of the special protections and penalties we mentioned above are applied.

Without a charge of domestic abuse assault, restraining orders must be pursued and won in court by the victim, who reasonably may fear retaliation.

Without a charge of domestic assault, serial abusers can go unidentified and unrehabilitated. They may go on to abuse again.

Lawmakers should clarify that dating is always an intimate relationship, and that violence is never acceptable.

' Comments: (319) 398-8469; editorial@thegazette.com