110 Iowa L. Rev. 987 (2025)
Abstract
Society’s understanding of domestic violence has evolved since the Iowa Legislature enacted Chapter 236 in 1979. When domestic violence emerged as a prominent social issue, the focus was on physical abuse and its visible effects. However, contemporary research recognizes harassment and witnessing abuse as additional and significant forms of domestic violence. Despite this recognition, domestic violence laws have remained archaic, not fully encompassing these other forms of violence in the definition of “abuse.” Under current law, Chapter 236 enables domestic violence survivors to seek civil protective orders against physical abusers. Chapter 236 is currently inadequate to provide a remedy for all survivors because its definition of “domestic abuse” is limited to physical abuse and threats of physical abuse. This Note argues that the definition of “domestic abuse” in Chapter 236 needs to be redefined in order to better protect survivors of all forms of domestic violence. Further, the Iowa Legislature should incorporate a reasonableness standard of harassment in the definition of “domestic abuse” and provisions affording remedies for children that witness abuse. This updated definition will empower all survivors to seek civil protective orders and their remedies.