Resource for a Recourse: Online Resource Center for Survivors of Abuse

RHODE ISLAND : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under Rhode Island law, "domestic abuse" is when someone who is or was a family member, cohabitant, or someone who you date or used to date does any of the following:

Attempts to cause or causes physical harm
Places you in fear of imminent serious physical harm; or
Causes you to engage involuntarily in sexual relations by force, threat of force, or duress.
Stalks you by willfully, maliciously and repeatedly following you with the intent to place you in reasonable fear of bodily injury
Transmits any communication by computer to you for the sole purpose of harassing you and your family.

Domestic violence includes, but is not limited to the following crimes that are committed by a family or household member against another family or household member:

Simple assault
Felony assault
Vandalism
Disorderly conduct
Trespass
Kidnapping
Child snatching
Sexual Assault
Homicide
Violation of Protective Order
Stalking

Your relationship with the abuser will determine whether you will file for an order in District Court or Family Court.

You are eligible to file for a restraining order in Family Court if you have been the victim of acts of domestic violence committed by:

A spouse or former spouse
A parent or stepparent
Minor children, stepchildren
Anyone related to you by blood or marriage
Stepchildren and stepparents
Anyone with whom you have had a child, even if you never married them or never lived with them
Someone you have dated seriously or been engaged to within the past one year, if at least one of you is a minor. It is up to the court to decide whether the seriousness of your relationship warrants your protection under this law.
Someone you lived with in the past three (3) years.

Teen victims of dating violence can apply for restraining orders through Family Court if a parent or legal guardian accompanies them.

If you are not eligible to file in Family Court, then you may be eligible to file for a restraining order in District Court if you or your minor child has been the victim of acts of domestic violence committed by:

Someone you live with or used to live with within the past three years, or
Someone you have dated with the past one year.

If a teen is emancipated, then s/he can apply in District Court without a parent or guardian.

Note: Under the legal definition, same-sex partners can apply for restraining orders in District Court if they have dated within the last year and/or have lived together within the past three years. Ultimately, however, the decision is up to the judge, and many judges may not grant an order in such a situation. Please talk to an advocate in your area before applying for an order if this situation applies to you.

Types of protective orders:

Emergency restraining order

This may be granted if the courts are closed and you need immediate protection. If you need an emergency restraining order, contact your local police department for help. A judge may grant you a temporary order over the phone to a police officer. If you receive an emergency order over the phone, it expires at the close of the next business day. You will have to go to court to get a standard temporary order, which will last for up to three weeks, until your full court hearing for a final restraining order.

Temporary restraining order

This is designed to offer you emergency protection until the full court hearing for your final restraining order. Temporary orders are granted only if you can prove to the judge through your testimony or evidence that one is necessary to prevent immediate harm to you or your family. If the court believes that your safety is at risk, you may receive a temporary order without the knowledge of the abuser, or his presence in the court room. A temporary order lasts for up to 21 days. The court can extend it if it feels that it is necessary to do so to protect you.

Final restraining order

This offers more protective remedies and for a longer period of time than a temporary order. A final order can be issued only after a full court hearing in which you and the abuser both have a chance to tell your sides of the story. A final restraining order lasts up to three years. You may also ask to have it extended

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Benefits:

A restraining order may order your abuser to:

Stop assaulting you
Stop harassing you
Stop contacting you
Stay away from any place you request including your workplace, your school, your children's school, your home, your friends' homes or any place you are seeking shelter.
Attend counseling
Vacate the household immediately (if you live together)
Pay child support for up to 90 days
Pay for any expenses you incurred as a result of the abuse, such as hospital bills or moving costs
Hand over any firearms in his possession to the authorities and forbid him from buying firearms.

A restraining order may also:

Award you custody of your minor children
Grant you anything else that you ask for and the judge agrees to

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Costs:

There are no fees for filing for a restraining order.

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Violations:

Through the Police or Sheriff (Criminal)

If the defendant violates the restraining order, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a restraining order and the defendant is violating it. If the defendant is arrested, then the Attorney General can prosecute your abuser because it is a crime to violate a restraining order. If found guilty of a violation of a restraining order, the defendant can be put in jail for up to 150 days.

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your restraining order orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms.

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