236.12 - PREVENTION OF FURTHER ABUSE -- NOTIFICATION OF RIGHTS -- ARREST -- LIABILITY.
236.12 PREVENTION OF FURTHER ABUSE -- NOTIFICATION OF
RIGHTS -- ARREST -- LIABILITY.
1. If a peace officer has reason to believe that domestic abuse
has occurred, the officer shall use all reasonable means to prevent
further abuse including but not limited to the following:
a. If requested, remaining on the scene as long as there is a
danger to an abused person's physical safety without the presence of
a peace officer, including but not limited to staying in the dwelling
unit, or if unable to remain on the scene, assisting the person in
leaving the residence.
b. Assisting an abused person in obtaining medical treatment
necessitated by an assault, including providing assistance to the
abused person in obtaining transportation to the emergency room of
the nearest hospital.
c. Providing an abused person with immediate and adequate
notice of the person's rights. The notice shall consist of handing
the person a document that includes the telephone numbers of
shelters, support groups, and crisis lines operating in the area and
contains a copy of the following statement written in English and
Spanish; asking the person to read the card; and asking whether the
person understands the rights:
"You have the right to ask the court for the following help on a
temporary basis:
(1) Keeping your attacker away from you, your home and your place
of work.
(2) The right to stay at your home without interference from your
attacker.
(3) Getting custody of children and obtaining support for
yourself and your minor children if your attacker is legally required
to provide such support.
(4) Professional counseling for you, the children who are members
of the household, and the defendant.
You have the right to seek help from the court to seek a
protective order with or without the assistance of legal
representation. You have the right to seek help from the courts
without the payment of court costs if you do not have sufficient
funds to pay the costs.
You have the right to file criminal charges for threats, assaults,
or other related crimes.
You have the right to seek restitution against your attacker for
harm to yourself or your property.
If you are in need of medical treatment, you have the right to
request that the officer present assist you in obtaining
transportation to the nearest hospital or otherwise assist you.
If you believe that police protection is needed for your physical
safety, you have the right to request that the officer present remain
at the scene until you and other affected parties can leave or until
safety is otherwise ensured."
2. a. A peace officer may, with or without a warrant, arrest
a person under section 708.2A, subsection 2, paragraph "a", if,
upon investigation, including a reasonable inquiry of the alleged
victim and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed which did
not result in any injury to the alleged victim.
b. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "b", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed which
resulted in the alleged victim's suffering a bodily injury.
c. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "c", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed with the
intent to inflict a serious injury.
d. Except as otherwise provided in subsection 3, a peace
officer shall, with or without a warrant, arrest a person under
section 708.2A, subsection 2, paragraph "c", if, upon
investigation, including a reasonable inquiry of the alleged victim
and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed and that the
alleged abuser used or displayed a dangerous weapon in connection
with the assault.
3. As described in subsection 2, paragraph "b", "c", or
"d", the peace officer shall arrest the person whom the peace
officer believes to be the primary physical aggressor. The duty of
the officer to arrest extends only to those persons involved who are
believed to have committed an assault. Persons acting with
justification, as defined in section 704.3, are not subject to
mandatory arrest. In identifying the primary physical aggressor, a
peace officer shall consider the need to protect victims of domestic
abuse, the relative degree of injury or fear inflicted on the persons
involved, and any history of domestic abuse between the persons
involved. A peace officer's identification of the primary physical
aggressor shall not be based on the consent of the victim to any
subsequent prosecution or on the relationship of the persons involved
in the incident, and shall not be based solely upon the absence of
visible indications of injury or impairment.
4. A peace officer is not civilly or criminally liable for
actions pursuant to this section taken in good faith. Section History: Recent Form
84 Acts, ch 1258, § 1; 85 Acts, ch 175, § 5; 86 Acts, ch 1179, §
3; 87 Acts, ch 154, § 6; 89 Acts, ch 85, § 2; 90 Acts, ch 1056, § 1,
2; 91 Acts, ch 218, § 11; 92 Acts, ch 1163, § 52; 2009 Acts, ch 133,
§93, 94
Referred to in § 236.16, 236.17, 664A.3, 664A.6, 804.7, 915.50