Teri Root v. Talton Toney, 2013 Iowa Sup. LEXIS 127

Teri Root fled Decatur County after an October 7 choking incident by Talton Toney, traveled ~250 miles to Howard County, and entered a safe house near her parents. She sought medical care and filed a domestic-abuse petition in Howard County within two days of arrival.
Root began renting a home and looking for work in Howard County shortly after filing. Toney moved to transfer venue to Decatur County, arguing Root did not "reside" in Howard County when she filed.
The district court held a hearing, found Root was residing in Howard County, denied the transfer, and later entered a final domestic abuse protective order in Root’s favor.
Toney filed a notice of appeal by mail on the 31st day after judgment. Howard County clerk’s public window had closed at 2:30 p.m. on the thirtieth day pursuant to a Supreme Court supervisory order reducing public hours.
The parties briefed whether Iowa Code § 4.1(34) — which extends filing deadlines when the clerk’s office is "closed in whole or in part" by Supreme Court order — entitled Toney to a one-day extension, and whether "resides" under Iowa Code § 236.3(1) requires legal domicile or actual residence.

Issue	Plaintiff's Argument (Root)	Defendant's Argument (Toney)	Held
Timeliness: whether Iowa Code § 4.1(34) extended the 30‑day appeal deadline because the clerk’s public window closed early	The Supreme Court’s supervisory rule and December 2, 2009 order (Iowa Ct. R. 22.40) mean partial early closures do not trigger § 4.1(34); thus the appeal was untimely	The partial closure of the clerk’s public window at 2:30 p.m. on day 30 means the office was "closed in whole or in part" by court order, so § 4.1(34) extends the deadline one day and the appeal was timely	Held: § 4.1(34) applied; the early closure constituted a partial closure under the statute, so Toney got a one‑day extension and the appeal was timely. The Court rescinded the prior supervisory order interpretation.
Venue (residency): whether "resides" in Iowa Code § 236.3(1) requires legal domicile or actual residence for protective‑order venue	Root: "Resides" should be given a relaxed, actual‑residence meaning for chapter 236 to allow victims who relocate to seek prompt protection	Toney: "Resides" should require legal residence/domicile (more stringent), relying on dissolution‑statute precedent to prevent forum shopping	Held: For chapter 236, "resides" means actual residence (place of dwelling, permanent or temporary). Root was residing in Howard County when she filed; venue there was proper.

City of Des Moines v. City Dev. Bd., 633 N.W.2d 305 (Iowa 2001) (timeliness and jurisdictional issues)
In re Marriage of Mantz, 266 N.W.2d 758 (Iowa 1978) (appeal deadlines are mandatory and jurisdictional)
W. Int’l & Nat’l Union Fire Ins. Co. v. Kirkpatrick, 396 N.W.2d 359 (Iowa 1986) (legislature may set conditions for appeals)
Kollman v. McGregor, 39 N.W.2d 302 (Iowa 1949) (distinguishing actual residence from domicile)
Bartsch v. Bartsch, 636 N.W.2d 3 (Iowa 2001) (domestic abuse statute reflects special solicitude for victims)