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Need-To-Know Information About Domestic Violence Allegations In Des Moines

Domestic abuse or assault charges are some of the most serious criminal law charges you can face. Anyone accused of domestic violence is under a unique level of pressure and stress as the consequences become more and more real. For you, a strong domestic violence lawyer may be the difference you need to protect your freedom.

At Babich Sarcone Attorneys at Law, our dedicated group of criminal defense lawyers has developed a reputation in Des Moines and across Polk County for compassion and dedication to our clients. They will work with you in your domestic abuse or domestic assault charges and provide you with all the information you will need to guide your decisions in your case.

It Is Better To Talk To A Domestic Abuse Attorney Early

When you’re the subject of an active investigation – or even if you are just a witness or a “person of interest” – it’s not often a wise choice to talk to police on your own. In fact, all criminal charges can be made worse by speaking unreservedly with a police officer. Even if you are in no way involved in any criminal activity, talking to the police is a great way to fall under their scrutiny.

Speaking to police without an experienced domestic violence lawyer is uniquely damaging to your domestic violence charges. In Iowa, police can arrest a person based only on the suspicion that they are guilty of domestic assault or domestic abuse. Our domestic violence lawyers will move quickly to act as a buffer between you and the police, controlling the information you give them so that your words do not become evidence.

What Is False Imprisonment?

False imprisonment is a serious offense in Iowa involving the unlawful confinement of an individual without legal authority. This act violates the victim’s freedom of movement and can have significant legal repercussions for the perpetrator. For example:

  • Locking a partner in a room: Denying a partner the right to leave a room or the dwelling place you share, such as by locking the doors and windows or barring their exit in other ways
  • Confiscating a partner’s things to prevent them from leaving: Taking a partner’s clothing, car keys and phone to stop them from getting help or leaving the home
  • Physical restraint: Holding someone down, physically blocking the doorway with your own body as they try to leave, grabbing them by the arm to pull them back inside the car and other actions can all be considered physical restraint

In Iowa, the penalties for false imprisonment depend on the case’s specifics. They can include:

  • Criminal charges: False imprisonment is classified as a serious misdemeanor. However, if the offense involves a minor or is carried out under particularly egregious circumstances, it may be elevated to a more severe charge.
  • Fines: Those convicted of false imprisonment in Iowa may face fines. For a serious misdemeanor, the fines can range from $315 to $1,875.
  • Imprisonment: Offenders may face jail time. For a serious misdemeanor in Iowa, imprisonment can last up to one year in a county jail. The severity of the sentence depends on the specifics of the incident and the degree of harm inflicted on the victim.

Victims of false imprisonment in Iowa have the right to file a civil lawsuit against the perpetrator. If you believe you have been falsely imprisoned, our experienced attorneys can help you seek damages for physical and emotional distress, lost wages and other related expenses.

Are You The Subject Of A No-Contact Order?

When someone takes the steps to secure a protective order against you, it signifies serious legal jeopardy. You will face criminal consequences if you contact that person, and that’s only part of the problem. A no-contact order may prohibit you from seeing your children or even accessing your home before any conviction on a domestic abuse charge.

Our lawyers can respond to these accusations and orders quickly to protect your rights. They will represent you in hearings to clarify your rights and your ability to access your home and family. They can also petition the court to remove an unjust order.

Frequently Asked Questions

Our team of dedicated domestic assault lawyers is here for you with any and all domestic assault or abuse allegations ahead of you. Uncertainty in the face of criminal charges is a major stressor, and they want to help you with that. Our domestic abuse and assault attorneys are here to clear up your confusion about what’s ahead by providing answers to questions you likely have, such as those below.

What is domestic assault?

Domestic assault in Iowa refers to an act of violence or a threat of imminent violence against a family or household member. This can include physical harm, sexual abuse or emotional intimidation.

What is the domestic violence court process?

The court process for domestic violence in Iowa typically starts with an arrest, followed by an initial appearance before a judge. Bail conditions may be set, and a no-contact order can be issued. The case then proceeds through pretrial conferences and potential plea bargaining and may go to trial if a plea agreement isn’t reached.

How long is the jail sentence for domestic violence?

The jail sentence for domestic violence in Iowa can vary based on several factors, including the severity of the assault, prior offenses and the presence of aggravating factors. A simple misdemeanor can result in up to 30 days in jail, while a felony conviction could lead to a prison sentence of several years.

Compassionate, Dedicated Domestic Abuse Lawyers

As your domestic violence defense lawyers, our team will take on the legal challenges ahead of you and craft a thorough defense of your freedom and rights. You have every right to a strong defense. Our attorneys will be with you at every single step. Call our office today at 515-817-1870 or send an email using this form.