A Step-by-Step Guide to Filing a Restraining Order In RI
Security is one of the most basic needs of any human. When someone feels threatened by another and lives in fear of potential or recurrent violence, stalking, and harassment, a restraining order can assist with legally keeping the offending party distant. Obtaining a restraining order in Rhode Island isn't easy, as not everyone who applies is granted one. DoNotPay can assist you through the process from the comfort of your safe home.
Who Can Get a Rhode Island Restraining Order?
In order to obtain the security of a legally binding document to keep another person away from you for safety reasons, you have to complete the application process. Rhode Island restraining orders are not given to people lightly, unlike the depictions in movies. It takes time and proof to secure the restraining order.
Individuals can request a restraining order when there is proof of:
- Domestic violence
- Sexual assault
There are two types of restraining orders, or orders of protection, in Rhode Island. You can apply for:
- A No-contact order- is usually related to a criminal case and is effective during the trial. It can only be dropped at the victim's request and the judge's approval. It will be requested by the victim's lawyer.
- Restraining order- criminal case or not, orders can be issued when there is evidence of abuse, physical and sexual, and threats of violence and stalking.
You might also need to provide proof when filing for a restraining order. Here’s a guide to filing a restraining order in other states:
How Much Does a Restraining Order Cost in RI?
Rhode Island does not charge for the issuance of a protective order. There may be outside costs for protective orders, like the no-contact order, including court fees, lawyer fees, and medical fees. A good lawyer can walk you through the trials of obtaining a restraining order in the quickest manner possible so that you can rest securely.
What Criteria Does Rhode Island Require For Restraining Orders?
Showing up at the clerk of courts and requesting a restraining order "just because" will not get you very far. Rhode Island requires proof, not much, but legally binding proof. When an application has been submitted an affidavit- or sworn statement- will be required. This paper will have you explicitly describe the extent and episodes in which you were physically, sexually, and mentally abused, threatened, or stalked, as well as the believed intent to continue.
Rhode Island Restraining Order Laws
Rhode Island has laws that govern the restraining order process, much as other states do. Knowing what the laws are in other states like Texas, California, or elsewhere, will help to ensure you are covered appropriately.
Rhode Island issues a temporary restraining order upon application with the Family and District Court. This will be in effect for 21 days to allow time for the defendant to be notified. It will be continued until the paperwork is legally served.
If the restraining order is necessary beyond the temporary issuance a second hearing will be scheduled. Depending on the circumstances, the issue restraining order can be in effect for no more than three years. Extensions can be obtained by returning to court.
Obtain a Rhode Island Restraining Order on Your Own
You must visit either the family court, district court, or superior court to obtain a restraining order. Which court you go to will depend on the relationship with the defendant.
Go to the court for:
- Family: A spouse, ex-spouse, person with whom you have a child, an adult related to you by blood or marriage, and a minor with whom you, also a minor, are in a dating relationship.
- District: An adult with whom you currently live, have lived within the past three years, or with whom you have dated within the last year.
Who Serves Rhode Island Restraining Orders After They're Granted?
Rhode Island restraining orders are not valid until served to the defendant. This means that a deputy sheriff has to place the orders in the hands of the defendant and not any relatives. Violations of the order after serving are a criminal offense and punishable by one year in prison or up to a $1,000 fine.
Contact that breaks the order include:
- By phone
- By mail
- By email
- Through a third party (exceptions are case dependent)
Get a Rhode Island Restraining Order With DoNotPay's Help
Even though the process of receiving a protective order seems to be easy, it's faster and easier to do with the help of DoNotPay.
Let DoNotPay gather all the evidence together and submit everything so that you have a better chance of obtaining the order promptly.
How to apply for a restraining order with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
How Else Can I Use DoNotPay?
After obtaining the restraining order and confirming your safety, DoNotPay can assist you with issues like suing in small claims court and more. Take a peek at a small sample of the issues DoNotPay can assist with:
DoNotPay has advice, legal documents, and more for every location. Sign up now!