Conozca la Ley: Rhode Island
ACTUALIZADA 21 de noviembre, 2008
A Restraining Order is a civil order that provides protection from harm by someone who is or was a family member, cohabitant, or someone who you date or used to date.
- Basic Information
- Can I get a Restraining Order?
- What are the steps for getting a Restraining Order?
- After the Hearing
Basic Information
arribaWhat is a domestic violence restraining order?
A restraining order is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.
arribaWhat is the legal definition of domestic abuse in RI?
This section defines domestic abuse for the purposes of getting a restraining order.
"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; or
- 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
- Childsnatching
- Sexual Assault
- Homicide
- Violation of Protective Order
- Stalking
- Damage or obstruct a telephone
- Burglary and unlawful entry
- Arson
Your relationship with the abuser will determine whether you will file for an order in District Court or Family Court. See Am I eligible for a restraining order? to figure out where to file.*
* RI Gen.Laws §§ 8-8.1-3; 12-29-2
arribaHow can a restraining order help me?
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
Whether a judge orders any or all of the above depends on the facts of your case.
* RI Gen. Laws § 8-8.1-3
arribaIn which county can I file for a restraining order?
You can file a petition in the family court in the county where you live or, if you have moved to another county to avoid further abuse, you can file in that county if you prefer.* However, if you are trying to keep your address confidential, filing in the county where you have fled to would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* RI Gen. Laws § 15-15-2(a); RI Gen. Laws § 15-15-2(d)