Legal Question in Criminal Law in Iowa

Here’s the facts before I ask the question:

1) I have 2 sons with my ex. 7 & 4 years old (which I have Wed night/every other weekend)

2) My ex has called DHS (department of human resources/child protective services) on my wife and I multiple times. The first case being unfounded. The second case with charges of abuse was unfounded, the 3rd case was founded “leaving the children home alone”. (which couldn’t be future from the truth!) Anyway, my wife was obviously very upset and did something out of character for her…

3) Keyed my ex’s car in frustration of this constant harassment/allegations and now charges received (she knows this was not a smart move)

4) My ex got a restraining order on my wife, which also includes her immediate family (my sons). The judge would not modify the order at the time it was issued (I’m assuming due to the criminal charges and DHS investigation)

5) I now cannot bring my own sons into our home on the days I have them. We stay in a hotel on Wednesday evening and travel 5 hours (one way) on the weekends to stay with my parents.

Now my question(s): I know Iowa law has a limit of 1 yr. on restraining orders… do we wait and get though this? What’s the likelihood of my ex getting it reinstated at the end of a year? What’s the likelihood of us getting it modified to at least not include my sons (her step sons). Can’t a judge see that my father/son time now because of this order is no longer a stable environment staying in hotels and traveling every other weekend as well as not quality time with my sons?

They miss their step-mom, they miss their home, their beds, their toys, their step sisters who live with us and being at our home. Need some advice/help!


Asked on 3/20/15, 8:21 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Get an attorney, is the best advice I can give you. Vandalism is far more than "not a smart move."

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Answered on 5/04/15, 7:23 am


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