A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Rhode Island Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
To obtain a Family or District Court restraining order, you must complete the required paperwork, including an affidavit describing the specific ways that the defendant physically or sexually abused you, threatened to abuse you, or stalked you.
A final restraining order lasts up to three years. You can also later file to have it extended for the length of time that the judge believes is necessary to protect you.
A Rhode Island No Contact Order will last the entire length of the criminal case, even during sentencing. The only way to drop one is at the request of the victim with judicial approval. Restraining orders, on the other hand, are handled in civil court. You can file for one whether or not criminal activity took place.
No Contact Order violation charges should not be taken lightly. If you violate a No Contact Order in Rhode Island, you face up to 1 year in prison for a first offense. For a third (or greater) offense, you can be charged with a felony, which carries a mandatory minimum sentence of 1 year in prison.
There are no court fees associated with Family/District Court Restraining Orders. Service is also free if the Defendant resides in Rhode Island. There may be a service fee if he/she resides outside the state of Rhode Island.
REMOVAL OR MODIFICATION OF NO CONTACT ORDERS If a protected party wants a No Contact Order vacated or modified, he or she must first file a motion with the Court. The judge will then hear the facts and circumstances prompting the party's request and will rule ingly.