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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Iowa law uses, what it actually means, and the misreading it usually collects.

60 terms

A

Aggravated misdemeanor

The highest level of misdemeanor, with up to two years and a fine of $855 to $8,540 where no specific penalty is given.

The highest level of misdemeanor, with up to two years and a fine of $855 to $8,540 where no specific penalty is given.

What it is not

It is not a felony, though a term of more than one year is served as an indeterminate sentence.

Where it applies →

Annulment

Ending a marriage on a listed ground: a marriage the law prohibits, impotence, a spouse already living, or a party under a guardianship who lacked capacity.

Ending a marriage on a listed ground: a marriage the law prohibits, impotence, a spouse already living, or a party under a guardianship who lacked capacity.

What it is not

It is not a quicker divorce; it rests on the listed grounds, and a marriage without one ends by dissolution.

Where it applies →

Ascertainable loss

A loss of money or property that can be measured, which a consumer must have suffered from an unfair or deceptive practice to sue for actual damages.

A loss of money or property that can be measured, which a consumer must have suffered from an unfair or deceptive practice to sue for actual damages.

What it is not

Being misled is not enough by itself; the consumer must have lost money or property.

  • Iowa Code § 714H.5
Where it applies →

Assault

An act meant to cause pain, injury or offensive contact, or to put someone in fear of it, with the apparent ability to carry it out; or intentionally pointing a firearm at someone or displaying a dangerous weapon threateningly.

An act meant to cause pain, injury or offensive contact, or to put someone in fear of it, with the apparent ability to carry it out; or intentionally pointing a firearm at someone or displaying a dangerous weapon threateningly.

What it is not

No one has to be touched or hurt; pointing a firearm toward someone is an assault of its own.

Where it applies →

Attorney in fact

The person a durable power of attorney for health care names to make health care decisions, when the document explicitly authorizes it.

Also called agent, health care proxy

The person a durable power of attorney for health care names to make health care decisions, when the document explicitly authorizes it.

What it is not

It does not have to be a lawyer, and the person named may not witness the document.

Where it applies →

C

Class D felony

The lowest class of felony, with up to five years and a fine of $1,025 to $10,245; a felony declared without a class is a class D felony.

The lowest class of felony, with up to five years and a fine of $1,025 to $10,245; a felony declared without a class is a class D felony.

What it is not

A felony the statute does not class is not left unpunished; it defaults to class D.

Where it applies →

Clear and present danger

Conduct by a tenant endangering the health or safety of others on or near the property, which allows a single three day notice to quit.

Conduct by a tenant endangering the health or safety of others on or near the property, which allows a single three day notice to quit.

What it is not

It does not end the tenant's day in court; the tenant may contest the termination.

  • Iowa Code § 562A.27A
Where it applies →

Closed session

A part of a public body's meeting held out of public view, allowed only by a public vote of two-thirds of the members or all members present, and only for a listed reason.

Also called executive session

A part of a public body's meeting held out of public view, allowed only by a public vote of two-thirds of the members or all members present, and only for a listed reason.

What it is not

A body cannot close a meeting simply because a subject is sensitive; the reason has to be one the section lists.

Where it applies →

Course of conduct

In stalking, repeatedly staying near a person without legitimate purpose, repeatedly using a device to locate, listen to or watch the person, or repeatedly conveying threats.

In stalking, repeatedly staying near a person without legitimate purpose, repeatedly using a device to locate, listen to or watch the person, or repeatedly conveying threats.

What it is not

Repeatedly means on two or more occasions, not a long campaign.

Where it applies →

Criminal mischief

Intentionally damaging, defacing, altering or destroying property without a right to do so.

Also called vandalism, property damage

Intentionally damaging, defacing, altering or destroying property without a right to do so.

What it is not

The degree turns on the cost to replace, repair or restore the property, not on what it is.

Where it applies →

D

Dangerous weapon

Any firearm, a knife with a blade over five inches, a stun device, and anything used in a way showing intent to kill or seriously injure.

Any firearm, a knife with a blade over five inches, a stun device, and anything used in a way showing intent to kill or seriously injure.

What it is not

An object becomes one by how it is used, not only by what it is.

Where it applies →

Declaration

A competent adult's signed and dated direction that life sustaining procedures be withheld or withdrawn, effective only if the condition is terminal and the person cannot make treatment decisions.

Also called living will

A competent adult's signed and dated direction that life sustaining procedures be withheld or withdrawn, effective only if the condition is terminal and the person cannot make treatment decisions.

What it is not

It does not take effect on signing; it operates only in a terminal condition when the person cannot decide.

  • Iowa Code § 144A.3
Where it applies →

Dissolution of marriage

The decree ending a marriage, entered when the relationship has broken down so that the legitimate objects of matrimony are destroyed and there is no reasonable likelihood it can be preserved.

Also called divorce

The decree ending a marriage, entered when the relationship has broken down so that the legitimate objects of matrimony are destroyed and there is no reasonable likelihood it can be preserved.

What it is not

No one has to prove fault, and the decree is granted to both parties rather than to one.

Where it applies →

Domestic abuse assault

An assault between people in a domestic relationship, a simple misdemeanor for a first offense, rising with bodily injury, a weapon, intent to seriously injure, or pressure on the throat or neck.

Also called domestic violence

An assault between people in a domestic relationship, a simple misdemeanor for a first offense, rising with bodily injury, a weapon, intent to seriously injure, or pressure on the throat or neck.

What it is not

A third or later offense is a class D felony however minor the incident.

  • Iowa Code § 708.2A
Where it applies →

Drug paraphernalia

Equipment, products or materials used or attempted to be used with a controlled substance, outside its lawful use, knowingly and primarily to make it, take it, test it or enhance its effect.

Equipment, products or materials used or attempted to be used with a controlled substance, outside its lawful use, knowingly and primarily to make it, take it, test it or enhance its effect.

What it is not

Hypodermic needles and syringes made, sold or possessed for a lawful purpose are not drug paraphernalia.

Where it applies →

E

Eavesdropping

Listening to, recording or intercepting a conversation by electronic or mechanical means, with no right or authority to do so, a serious misdemeanor.

Also called wiretapping, secret recording

Listening to, recording or intercepting a conversation by electronic or mechanical means, with no right or authority to do so, a serious misdemeanor.

What it is not

A sender or recipient recording the message, or a person openly present and taking part, is not eavesdropping.

Where it applies →

Elective share

The share of an estate a surviving spouse of a married person domiciled in Iowa may choose to take, whatever the will says.

Also called spousal share

The share of an estate a surviving spouse of a married person domiciled in Iowa may choose to take, whatever the will says.

What it is not

A will cannot simply leave a spouse out; its disposal of property is subject to the elective share.

Where it applies →

Exempt property

Property a creditor may not take to satisfy a judgment, such as one vehicle up to $7,000, tools of a trade up to $10,000, and household goods kept for use.

Property a creditor may not take to satisfy a judgment, such as one vehicle up to $7,000, tools of a trade up to $10,000, and household goods kept for use.

What it is not

A judgment does not reach everything a debtor owns; the listed property is kept.

Where it applies →

Expungement

The court's removal of a misdemeanor conviction from public view on application, once more than eight years have passed and the listed conditions are met.

Also called clearing a record, sealing

The court's removal of a misdemeanor conviction from public view on application, once more than eight years have passed and the listed conditions are met.

What it is not

It is granted once in a lifetime, and it does not reach the offenses the section lists, OWI among them.

Where it applies →

F

Familial status

A family's makeup, including having children, one of the grounds on which housing may not be refused or offered on different terms.

A family's makeup, including having children, one of the grounds on which housing may not be refused or offered on different terms.

What it is not

A building cannot simply decline families with children; that is refusing to rent because of familial status.

  • Iowa Code § 216.8
Where it applies →

Financial liability coverage

The insurance that must be in effect for a vehicle driven on Iowa highways, with the proof card kept in the vehicle on paper or electronically.

Also called car insurance, proof of insurance

The insurance that must be in effect for a vehicle driven on Iowa highways, with the proof card kept in the vehicle on paper or electronically.

What it is not

A card shown on a phone counts; the card does not have to be paper.

  • Iowa Code § 321.20B
Where it applies →

Forcible entry and detainer

The court action for an eviction, brought for a holdover after the lease ends, a breach of the lease, or nonpayment of rent.

Also called eviction, FED

The court action for an eviction, brought for a holdover after the lease ends, a breach of the lease, or nonpayment of rent.

What it is not

Despite the name, it does not mean anyone used force; it is the ordinary eviction case.

Where it applies →

Forfeiture

Taking drugs and property used or intended to facilitate conduct giving rise to forfeiture, in a proceeding against the property.

Also called civil forfeiture, asset forfeiture

Taking drugs and property used or intended to facilitate conduct giving rise to forfeiture, in a proceeding against the property.

What it is not

An owner who did not know and could not reasonably have known of the conduct, or acted reasonably to prevent it, is exempt.

Where it applies →

G

Garnishment

Taking part of a debtor's wages to pay a judgment, limited to what federal law allows and to $250 a year for each creditor when earnings are not expected to exceed $12,000.

Also called wage garnishment

Taking part of a debtor's wages to pay a judgment, limited to what federal law allows and to $250 a year for each creditor when earnings are not expected to exceed $12,000.

What it is not

It does not take a whole paycheck; wages are exempt to the extent federal law provides.

Where it applies →

Going armed

Carrying a dangerous weapon on or about the person, which is an aggravated misdemeanor when the weapon is used in the commission of a crime.

Carrying a dangerous weapon on or about the person, which is an aggravated misdemeanor when the weapon is used in the commission of a crime.

What it is not

The weapons section's offense turns on using the weapon in a crime; carrying is barred outright only for the people the ineligibility section lists.

  • Iowa Code § 724.4
Where it applies →

H

Holdover

A tenant staying on without the landlord's consent after the tenancy ends.

Also called overstaying a lease

A tenant staying on without the landlord's consent after the tenancy ends.

What it is not

Not every holdover brings damages; a landlord recovers damages and attorney fees when the holdover is willful and not in good faith.

Where it applies →

I

Interference with official acts

Knowingly resisting or obstructing a known peace officer, jailer, emergency medical provider or firefighter in a lawful duty, a simple misdemeanor with a fine of not less than $250.

Also called resisting arrest, obstruction

Knowingly resisting or obstructing a known peace officer, jailer, emergency medical provider or firefighter in a lawful duty, a simple misdemeanor with a fine of not less than $250.

What it is not

It rises with harm: a serious misdemeanor when it results in bodily injury, and a class D felony when a dangerous weapon is displayed.

Where it applies →

Inventory

The complete list of property taken under a search warrant, sworn as accurate and filed with the return, a copy of which the magistrate or clerk delivers on request.

Also called receipt for seized property

The complete list of property taken under a search warrant, sworn as accurate and filed with the return, a copy of which the magistrate or clerk delivers on request.

What it is not

It is separate from the itemized receipt the officer gives at the scene or leaves at the place searched.

Where it applies →

Issue

A person's descendants, who take the part of an estate without a will that does not pass to a surviving spouse, ahead of the parents.

Also called descendants

A person's descendants, who take the part of an estate without a will that does not pass to a surviving spouse, ahead of the parents.

What it is not

It does not mean a problem; in estate law it means children, grandchildren and further descendants.

Where it applies →

J

Joint custody

Custody both parents share, which the court may order to assure the child maximum continuing contact with both parents in the child's best interest.

Also called shared custody

Custody both parents share, which the court may order to assure the child maximum continuing contact with both parents in the child's best interest.

What it is not

A history of domestic abuse creates a rebuttable presumption against it.

Where it applies →

L

Liquidated damages

An added amount an employer owes on top of unpaid wages, court costs and attorney fees, when it intentionally failed to pay.

An added amount an employer owes on top of unpaid wages, court costs and attorney fees, when it intentionally failed to pay.

What it is not

They are not owed for every late check; without intent, the employer owes the unpaid wages, costs and attorney fees.

Where it applies →

M

Majority

Adulthood in law, reached at the age of eighteen years, or earlier by marriage.

Also called legal adulthood

Adulthood in law, reached at the age of eighteen years, or earlier by marriage.

What it is not

A birthday is not the only way to reach it; every minor attains majority by marriage.

  • Iowa Code § 599.1
Where it applies →

Medical review officer

The physician who reviews a confirmed positive workplace drug test before it is reported to the employer.

Also called MRO

The physician who reviews a confirmed positive workplace drug test before it is reported to the employer.

What it is not

A positive initial screen is not reported straight to the employer; it is confirmed by another method and reviewed first.

Where it applies →

Misconduct

For unemployment benefits, a deliberate, material breach of the duties of the job, showing willful or wanton disregard of the employer's interest.

For unemployment benefits, a deliberate, material breach of the duties of the job, showing willful or wanton disregard of the employer's interest.

What it is not

Being fired is not the same as being fired for misconduct; the disqualification follows only a discharge for misconduct.

Where it applies →

Month to month tenancy

A tenancy with no fixed term, for anyone other than a roomer paying weekly.

Also called periodic tenancy

A tenancy with no fixed term, for anyone other than a roomer paying weekly.

What it is not

A lease that runs out is not the end of the tenancy; without a new term, it continues month to month.

Where it applies →

N

Nonprofessional permit to carry weapons

A permit issued to a person not disqualified who meets the training requirements and applies, good for five years and valid throughout the state except where the law prohibits a firearm.

Also called carry permit, concealed carry permit

A permit issued to a person not disqualified who meets the training requirements and applies, good for five years and valid throughout the state except where the law prohibits a firearm.

What it is not

It is not tied to a particular weapon and names no make, model or serial number.

Where it applies →

Notice to quit

The three days' written notice a landlord gives before filing an eviction, unless the three day notice to pay rent already ended the tenancy.

Also called three day notice

The three days' written notice a landlord gives before filing an eviction, unless the three day notice to pay rent already ended the tenancy.

What it is not

It is not the eviction itself; removal follows only a court judgment and an execution.

Where it applies →

O

Operating while intoxicated

Driving while under the influence of alcohol or another drug, with an alcohol concentration of .08 or more, or with any amount of a controlled substance in the blood or urine.

Also called OWI, drunk driving

Driving while under the influence of alcohol or another drug, with an alcohol concentration of .08 or more, or with any amount of a controlled substance in the blood or urine.

What it is not

It is not only alcohol: any amount of a controlled substance in the blood or urine is enough, though a prescribed drug taken as directed, with no evidence of alcohol, is excepted.

  • Iowa Code § 321J.2
Where it applies →

Ordinary wear and tear

The decline in a unit from ordinary use, which a deposit may not be kept to restore.

Also called normal wear and tear

The decline in a unit from ordinary use, which a deposit may not be kept to restore.

What it is not

Restoring the unit to its condition at the start is a permitted deduction only apart from ordinary wear and tear.

Where it applies →

P

Passenger area

The part of a vehicle within reach of the seats, the glove compartment included, where an open container of alcohol or THC may not be.

The part of a vehicle within reach of the seats, the glove compartment included, where an open container of alcohol or THC may not be.

What it is not

It does not take in the trunk, or the space behind the last upright seat in a vehicle with no trunk.

Where it applies →

Permit to acquire

One of three things an unlicensed person needs to acquire a pistol or revolver from a federally licensed dealer, beside a permit to carry or a satisfactory background check.

One of three things an unlicensed person needs to acquire a pistol or revolver from a federally licensed dealer, beside a permit to carry or a satisfactory background check.

What it is not

It is not the only route; a valid permit to carry or a satisfactory national instant background check also works.

Where it applies →

Personal recognizance

Release before trial on a promise to appear, which a bailable defendant gets unless the magistrate decides it will not assure appearance or will jeopardize someone's safety.

Also called released on your own recognizance, ROR

Release before trial on a promise to appear, which a bailable defendant gets unless the magistrate decides it will not assure appearance or will jeopardize someone's safety.

What it is not

It is not a cash bail; cash or a bond is one of the conditions the magistrate reaches only when the lesser ones will not do.

  • Iowa Code § 811.2
Where it applies →

Preliminary screening test

A breath test an officer may ask for at the roadside, with reasonable grounds, to help decide whether to arrest or to request a chemical test.

Also called roadside breath test, PBT

A breath test an officer may ask for at the roadside, with reasonable grounds, to help decide whether to arrest or to request a chemical test.

What it is not

It is not the chemical test, and its result is not used in court except to show the chemical test was properly requested.

Where it applies →

Public accommodation

A business or place offering accommodations, facilities or services to the public, which may not refuse anyone because of race, creed, color, sex, sexual orientation, national origin, religion or disability.

A business or place offering accommodations, facilities or services to the public, which may not refuse anyone because of race, creed, color, sex, sexual orientation, national origin, religion or disability.

What it is not

It does not reach a bona fide religious institution's religious qualifications, or an owner who lives in a home renting fewer than six rooms to transient guests.

  • Iowa Code § 216.7
Where it applies →

Public record

A record of a government body that every person may examine, copy and publish, free to examine unless a law provides otherwise.

Also called government record

A record of a government body that every person may examine, copy and publish, free to examine unless a law provides otherwise.

What it is not

A government body cannot avoid the law by having a private body do its work.

  • Iowa Code § 22.2
Where it applies →

R

Reasonable force

The force a reasonable person would judge necessary to prevent an injury or loss, which can include deadly force when that is reasonably believed necessary to avoid injury or risk to life or safety.

Also called self defense

The force a reasonable person would judge necessary to prevent an injury or loss, which can include deadly force when that is reasonably believed necessary to avoid injury or risk to life or safety.

What it is not

A person not engaged in illegal activity has no duty to retreat from a place where the person is lawfully present.

Where it applies →

Release to sue

The commission's permission to take a civil rights complaint to district court, which may be requested once the complaint has been on file 60 days.

Also called right to sue letter

The commission's permission to take a civil rights complaint to district court, which may be requested once the complaint has been on file 60 days.

What it is not

It starts a clock: the suit is barred unless begun within 90 days after the release.

Where it applies →

Rent abates

Rent stops being owed for the time the landlord fails to deliver possession, until possession is delivered.

Rent stops being owed for the time the landlord fails to deliver possession, until possession is delivered.

What it is not

It is not a refund the tenant must ask a court for; the rent simply does not accrue until the keys come.

Where it applies →

Rental deposit

Money a landlord holds of no more than two months' rent, kept in an insured account apart from personal funds, and returned or accounted for within 30 days after the tenancy ends and the address is received.

Also called security deposit, damage deposit

Money a landlord holds of no more than two months' rent, kept in an insured account apart from personal funds, and returned or accounted for within 30 days after the tenancy ends and the address is received.

What it is not

It may be kept only for unpaid rent, restoring the unit apart from ordinary wear and tear, and costs of a bad faith holdover.

Where it applies →

Retaliation

A landlord raising rent, cutting services, or bringing or threatening eviction because a tenant complained about conditions or joined a tenants' union.

Also called retaliatory eviction

A landlord raising rent, cutting services, or bringing or threatening eviction because a tenant complained about conditions or joined a tenants' union.

What it is not

The tenant does not have to prove motive from scratch; a good faith complaint within one year before creates a presumption.

Where it applies →

S

Search warrant

An order issued on a written application to a magistrate, under oath, showing probable cause and describing the place and property specifically enough that an independent reasonable person could identify them.

An order issued on a written application to a magistrate, under oath, showing probable cause and describing the place and property specifically enough that an independent reasonable person could identify them.

What it is not

It does not last indefinitely; one not executed within ten days from its date is void.

Where it applies →

Self proved will

A will made provable without calling the witnesses, by the testator's acknowledgment and the witnesses' affidavits before a notary.

A will made provable without calling the witnesses, by the testator's acknowledgment and the witnesses' affidavits before a notary.

What it is not

A will is still valid without it, if signed and witnessed by two competent persons as the section requires.

Where it applies →

Serious misdemeanor

The middle level of misdemeanor, with a fine of $430 to $2,560 and up to one year in jail.

The middle level of misdemeanor, with a fine of $430 to $2,560 and up to one year in jail.

What it is not

It is still a misdemeanor; the word serious marks the level, not a felony.

Where it applies →

Simple misdemeanor

The lowest level of public offense, carrying a fine of $105 to $855, with up to 30 days in jail in place of or beside the fine.

The lowest level of public offense, carrying a fine of $105 to $855, with up to 30 days in jail in place of or beside the fine.

What it is not

An offense the statute gives no other designation is a simple misdemeanor.

Where it applies →

Small claim

A civil action for a money judgment of $6,500 or less, apart from interest and costs, along with eviction cases.

Also called small claims court

A civil action for a money judgment of $6,500 or less, apart from interest and costs, along with eviction cases.

What it is not

The limit is for the money claimed, not counting interest and costs.

Where it applies →

Small estate affidavit

A sworn statement a successor furnishes to collect a decedent's personal property worth $50,000 or less, with no real property, once 40 days have passed since the death.

A sworn statement a successor furnishes to collect a decedent's personal property worth $50,000 or less, with no real property, once 40 days have passed since the death.

What it is not

It is not available when the decedent owned real property.

  • Iowa Code § 633.356
Where it applies →

Statute of limitations

The time after a claim accrues within which it must be brought: two years for injuries to the person, five for unwritten contracts and ten for written ones.

Also called time limit to sue

The time after a claim accrues within which it must be brought: two years for injuries to the person, five for unwritten contracts and ten for written ones.

What it is not

The clock usually runs from when the claim accrues, not from when someone decides to sue.

Where it applies →

T

Temporary restricted license

A license the department may issue to a person revoked under the OWI chapter, allowing driving as a class C license allows, once an approved ignition interlock is on every vehicle the person drives.

Also called work permit, TRL

A license the department may issue to a person revoked under the OWI chapter, allowing driving as a class C license allows, once an approved ignition interlock is on every vehicle the person drives.

What it is not

It is not available to a driver under eighteen revoked under the under twenty-one section, or to someone suspended for another reason.

  • Iowa Code § 321J.20
Where it applies →

W

Willful injury

An unjustified act meant to cause serious injury, a class D felony when it causes bodily injury and a class C felony when it causes serious injury.

An unjustified act meant to cause serious injury, a class D felony when it causes bodily injury and a class C felony when it causes serious injury.

What it is not

It is not an assault charge with a different name; the intent to cause serious injury is what sets it apart.

Where it applies →

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Iowa attorney answers and a glossary cannot. Current as of October 2026.