If you have been the victim of physical or sexual abuse, threats of violence, or stalking, you should consider filing a restraining order to protect yourself immediately. It is important you understand the filing process and how to determine which type of order is right for you.
A restraining order may be sought whether or not there is a pending criminal case against this individual or defendant.
STEP 1: Figure out where to file.
In Rhode Island, it is your (a) relationship with the respondent/defendant and (b) the county you reside in (Providence/Bristol, Kent, Washington, or Newport) that determines where you should file for a restraining order.
You should file in your county’s family court if the person you are seeking protection against is a:
Spouse
Former spouse
Person with whom you have a child in common
Relative by blood or marriage (see R.I. Gen. Laws § 15-15-1(7))
Juvenile/minor
You should file in your county’s district court if the person you are seeking protection against is a:
- Roommate you live with or have lived with in the last 3 years
- Person you share a “substantial dating relationship” with now or have in the last year (see § 15-15-1(10)(i)-(iii))
You should file in your county’s superior court if you are seeking protection against any of the following people:
Landlord
Neighbor
Former friend
Stranger
Anyone else
NOTE: If the court is closed and you are seeking immediate protection, you should go to your local police department and request an emergency order (which last only until the next business day- therefore, you must appear in court thereafter to file as normal)…
STEP 2: Obtain, complete, and file your forms.
You may obtain all necessary forms from the courthouse. The judge or magistrate will make a preliminary determination based on the information you provide so it is important to provide as much detail as possible. Complete these forms accurately and to the best of your knowledge. If you have questions or are unsure what might be relevant to include in your written affidavit, you should consult the domestic advocate’s office.
STEP 3: Wait and see.
After your forms are completed and submitted, you must wait at the courthouse. The judge or magistrate assigned to restraining order duty that day will review your application and determine whether a temporary restraining order (“TRO”) will be issued. If granted, the TRO will go into effect immediately (lasting up to 21 days) and a future hearing date will be assigned. If denied, a future hearing date may still be assigned giving you the opportunity to petition the court for protection in person.
STEP 4: Defendant must be served.
The defendant must be served with the restraining order summons by a deputy sheriff or certified constable. Proof of service (i.e., signed return of service form by the defendant) needs to be submitted to the court. You can do this in advance or bring proof of service with you to court on the assigned hearing date. If the defendant lives out of state, you should make arrangements to have him or her properly served in that state. If the defendant cannot be located for (or is refusing) service and a TRO is in full force and effect, you need to appear in court on the assigned hearing date to explain the circumstances and the court will extend the TRO and issue a new summons (with a new future hearing date) for service.
STEP 5: Prepare for and go to court.
If the TRO was granted and a hearing date assigned or the TRO was denied but a hearing date assigned, the next step is to appear in court the date provided on the summons. You should be prepared and bring with you any evidence that helps your case (such as witnesses that have personal knowledge of the abuse/threats/stalking, text messages, medical records evidencing physical abuse, etc.). If necessary, you can subpoena witnesses and/or documents in advance. After the hearing occurs, the judge or magistrate will either dismiss your petition (not granting any protection) or grant your petition (granting a level and duration of protection he or she deems appropriate given the circumstances).
If granted, your restraining order will remain in full force and effect until the expiration date provided on the order itself (up to 3 years). You should make sure you obtain several hard copies from the clerk’s office immediately after the hearing.
For more questions about restraining orders and laws around them, please contact our office at Repetto Law, LLC!
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