As a nurse in Iowa, your nursing license is critical to your ability to work in the state and to deliver care to the patients who need you. You hold an esteemed place in our society, and you deserve every chance to reach your career goals. However, if you're facing domestic abuse accusations or you're served with a protective order following a domestic abuse complaint, you could lose your license—and this means losing your right to practice nursing in Iowa. But what impact does domestic abuse truly have on your nursing career, and is it possible to avoid losing your nursing license if you're found guilty of any criminal charges?
If you have such questions, our attorneys want to help. Contact the Lento Law Firm Professional License Defense Team at 888.535.3686 or complete our online contact form to retain our services. But in the meantime, you can learn more about the possible impact of domestic abuse allegations on your nursing license below.
What Is Domestic Abuse?
According to Iowa state law, domestic abuse is when an individual who has a specific relationship with the victim deliberately causes the victim pain or injury or places them in reasonable fear of imminent harm. This means that to prove domestic abuse, the victim must show that:
- The perpetrator is a relative, household member, spouse, or ex-partner; and
- The perpetrator committed an act intending to cause harm or injury or
- The perpetrator intendedto have the victim believe they will be harmed.
The victim may seek criminal charges for domestic abuse against the perpetrator. They may also seek a civil protective order–– a type of restraining order––against the accused.
What Is the Specific Relationship in Domestic Abuse Cases?
Since domestic abuse occurs within the home, typically, only household members and those with qualifying romantic relationships can file a domestic abuse complaint. Qualifying romantic relationships don't just include existing partners or spouses but also ex-partners, those with a child in common, and those in an intimate or dating relationship (depending on factors such as the duration of the relationship, how often you see each other, and whether there are expectations of sexual activity).
What Is a Protective Order?
A protective order in Iowa “shields” domestic abuse victims from further harm by preventing the perpetrator from getting close to the victim or contacting them. In other words, this usually means the perpetrator can't text, call, or talk to the victim, and they can't remain in the shared household (if they live together).
Protective Orders vs. No-Contact Orders
Protective and no-contact orders may seem similar, but they are distinct and should not be confused.
- Protective orders are civil court orders, meaning they are issued by civil courts to protect domestic abuse victims.
- No-contact orders also protect domestic abuse victims by restricting communication and physical contact, but they are criminal court orders issued as part of a criminal investigation into alleged domestic abuse.
In Iowa, you can have more than one protective order simultaneously.
Does a Protective Order Mean I Have a Criminal Record?
Protective orders are public records, meaning they can be accessed online by the public. They don't go on your criminal record, however, unless you violate the order (which is a criminal offense).
That said, just because protective orders aren't criminal in nature does not mean they can't have significant consequences for your nursing license—and your nursing career––in Iowa. In fact, in some cases, a protective order, or even the domestic abuse allegation itself, could spell the end of your nursing career in the state.
Can Domestic Abuse Investigations Cost Me My Nursing License?
This is, unfortunately, a possibility. It all depends on the facts of your case and whether the Iowa Board of Nursing (IBON) determines that you can be trusted to provide safe and competent care to patients under your supervision. Bear in mind that the Board takes accusations of abuse seriously, particularly as an abusive individual may pose a risk to patients in their care.
According to Iowa's Nurse Practice Act, you can only practice nursing in the state if you have a valid nursing license. To obtain––or retain––your license, you must meet specific criteria, including passing a criminal background check. Domestic abuse accusations could, therefore, present an immediate challenge to your ability to retain your nursing license.
The Board also reserves the right to discipline nurses for immoral or unethical conduct, including abuse. This means that the Board could revoke or at least suspend your nursing license pending the outcome of criminal or civil investigations into domestic abuse.
Should I Report Domestic Abuse Investigations to the Nursing Board?
Naturally, you may be worried about disclosing a criminal investigation or domestic abuse allegations, especially at a very early stage. However, it's often wise to take a proactive approach if you're under investigation for domestic abuse. This is because being open, honest, and transparent are traits that are in keeping with the ethical standards expected of a nurse in Iowa. But here are some points to bear in mind.
- The Board can only take disciplinary action against you if you violate the Nurse Practice Act. Domestic abuse allegations do not, of themselves, violate the Act, which means the Board may not have the authority to act if you're merely under investigation.
- If you're convicted of a criminal offense, the Board may have grounds to investigate because misdemeanor and felony charges fall within the Board's remit. Should you conceal a domestic abuse conviction, this could be deemed fraudulent and may lead to more severe disciplinary action.
- Although you may not always be legally bound to report a protective order to the Board, there are various ways the Board can discover the existence of the order––such as through public records––and a failure to disclose the order could result in disciplinary action as it may be considered a breach of ethical standards.
Reporting requirements are complex, and you should immediately contact the Lento Law Firm to discuss the steps you must take as they relate to your case. Otherwise, you could risk jeopardizing your license or damaging the strength of your defense should the Board consider revoking your license.
Will I Lose My Nursing License if I Have a Protective Order Against Me?
Not automatically, even if it's a final (permanent) protective order. It depends on various factors, such as the nature of the allegations, if there are pending criminal charges or a criminal conviction, and whether patients are at risk. Your attorney can explain the likely consequences as they relate to your case.
Will I Lose My Nursing License if I Have a No-Contact Order Against Me?
Some criminal convictions, such as sexual offenses or assault, could be potentially disqualifying. That said, criminal convictions or a no-contact order for domestic abuse do not automatically mean losing your license. Instead, the Board will seek proof of your rehabilitation and to ensure you pose no threat to public safety or patients under your direct care.
Disclosing criminal investigations or reporting a no-contact order for domestic abuse to the Board is a delicate and nuanced process. To maximize your chances of retaining your license and to ensure you present the most favorable case to mitigate disciplinary action, call the Lento Law Firm Professional License Defense Team for urgent advice.
Will Anyone Else Report Domestic Abuse Concerns to the Nursing Board?
Possibly. Certain individuals are required by law to report their concerns if they believe that someone is a victim of domestic abuse. Such individuals, known as mandated reporters, include healthcare professionals. So, for example, if a doctor or social worker has concerns regarding the victim's welfare, they are obliged to report those concerns, which will trigger a domestic abuse investigation.
Can I Appeal a Decision to Suspend or Revoke My Nursing License in Iowa?
Yes. In Iowa, you can appeal the Board's decision as part of your right to due process. That said, you can only appeal if you have legal grounds to do so, e.g., the Board made procedural or legal errors which, had they not occurred, may have resulted in you keeping your license. Your attorney can help you complete the relevant paperwork and walk you through petitioning the civil courts for the appeal.
If your appeal is unsuccessful, you can, after at least one year (unless otherwise specified), seek license reinstatement. However, there is certainly no guarantee that your license will be reinstated, especially if you are convicted or there are other aggravating factors, e.g., violating the protective order or committing further offenses. Your Lento Law Firm attorney can explain your rights and how to proceed in more detail, depending on the facts of your case.
What Happens if the Charges or Accusations Are Dropped?
Unfortunately, your nursing license could still be suspended or revoked in the meantime. It depends on the outcome of the Board's internal investigations into any complaints or concerns regarding your fitness to practice. If this happens, it will not automatically be reinstated if the charges or accusations of domestic abuse are dropped. Instead, your Lento Law Firm attorney can help you petition the Board to consider reinstating your nursing license.
The reality is that domestic abuse accusations can be incredibly damaging to your professional license, even if they're ultimately unproven or the county attorney decides not to proceed. While the Board may wait until the criminal––or civil––case against you is concluded before deciding whether to revoke your license, this is not a guarantee, and you could face a lengthy civil process to reclaim your nursing license in the state.
What Happens if the Victim Wants to End the Protective or No-Contact Order?
Even if the victim wishes to end the protective order or no-contact order, it's still in force until the victim formally asks the court to repeal the order. Should the judge decide to dismiss the order, it is no longer enforceable; however, this does not mean your license is automatically reinstated if it was suspended or revoked. What it does mean is that should you seek license reinstatement, you can use the repealed order as evidence in your favor.
What Happens if I Successfully Appeal a Domestic Violence Conviction?
Again, even if your criminal appeal is successful, there's no guarantee you will regain your nursing license if the Board has already revoked it. However, your attorney can assist you in petitioning the Board for license reinstatement and will ensure that the Board gives your successful appeal full and proper consideration.
Can I Avoid a Criminal Record for Domestic Abuse Charges in Iowa?
If the charges against you are dropped or dismissed, you can seek to have the charge removed from your criminal record. And if you are convicted, it may be possible, in certain cases, to seek an expungement, which effectively removes the conviction from public view. However, even if the charge is removed from your criminal record, this does not mean that your nursing license is automatically reinstated, as it's an entirely different court process. Your attorney can explain the details more fully as they relate to your case.
How Can the Lento Law Firm Professional License Defense Team Help?
When you retain our services, your lawyer will assist you in the following ways.
- We will explain your legal rights and discuss your options for proceeding so you can make educated choices regarding your defense.
- Our attorneys will use our knowledge of licensing board procedures to ensure your best interests are upheld and that you have a fair opportunity to present your case.
- We will liaise with the board with the aim of avoiding, where possible, license suspension or revocation.
- Our team will answer any questions you have and stand alongside you throughout the entire process so you can be reassured in your defense strategy.
Can My Criminal Defense Lawyer Fight My Case?
While your criminal defense attorney can assist with professional license matters, it's not their primary area of experience. Professional license defense is a specific area of law that is best served by attorneys experienced in handling board negotiations and who understand the nuances of the regulations involved. That's why, when you hire the Lento Law Firm Professional License Defense Team, you can proceed with confidence in knowing that your attorney has the experience to help you navigate the procedural complexities of nursing license defense.
Hire Experienced Professional License Defense Attorneys in Iowa
If you're a nurse in Iowa, domestic violence accusations can ruin your livelihood and limit your ability to pursue the career you've worked so hard to build. That's why, from the moment you discover that you're facing a protective order or domestic abuse charges, you need the Lento Law Firm on your side.
Our Professional License Defense Team will do everything possible to help you retain your license and move forward from this incredibly stressful time. No matter how challenging the case against you may seem, our experienced attorneys will strive to negotiate the fairest outcome, and we will empower you to make informed decisions regarding your case.
You are not alone in the fight to avoid license suspension or revocation after domestic violence accusations. Instead, you can turn to the Lento Law Firm Professional License Defense Team. Call us now at 888.535.3686 or tell us about your case online to get started.
