This section defines domestic abuse for the purposes of getting a restraining order in family court or district court.

Domestic abuse is when you and the abuser are related, dating, or living together, and the abuser does any of the following:

• physically hurts you or your child;
• tries to hurt you or your child physically;
• makes you or your child afraid s/he will immediately and seriously hurt either of you physically;
• makes you or your child have sexual relations against your will using force, threats, or pressure (duress);
• stalks you or your child; or
• cyberstalks you or your child.¹

To see more about the types of relationships that can qualify for a domestic abuse restraining order and which court to file in, go to Am I Eligible? Do I file in family court or district court?

¹ R.I. Gen. Laws §§ 8-8.1-1(4), (5)(iv)-(vii), (6), (8); 15-15-1(1), (3), (4)(i)-(iv), (5), (9)

Cyberstalking is when the abuser uses a computer or other electronic device to contact or communicate with you or your child just to harass you or your family.¹

¹ R.I. Gen. Laws §§ 8-8.1-1(4), (5) (vii); 15-15-1(3), (4)(iv); see 11-52-4.2(a)

A commercial sex act is when someone gives, promises, or receives anything of value in exchange for a sex act or sexually explicit performance.¹

¹ R.I. Gen. Laws § 15-15-1(8)(i)(A)

Rhode Island family and district courts can give temporary and final restraining orders. These orders may be called protective orders or something else in your county. This chart shows the different types of orders, how you get them, and how long they last:

¹ R.I. Gen. Laws § 15-15-4(b); § 8-8.1-4(b)
² R.I. Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)
³ R.I. Gen. Laws §§ 8.8-1.3(i); 15-15-3(m)(2)

The protections a judge can include in your order depend on whether you file in district or family court. To find out where to file, check Am I eligible? Do I file in family court or district court?

In a family court restraining order, the judge can order the abuser to:

• stop abusive behavior:
  
  • not contact, assault, harass, or interfere with you anywhere, including at home or in public;
  • not sexually exploit you if you are a minor child;
• leave your home: move out (vacate) immediately if you live together, no matter who owns or rents the home;
• give up firearms:
  
  • not buy, receive, or attempt to get any firearms while the order is active;
  • turn in any firearms within 24 hours of receiving the order to the Rhode Island state police, the local police department, or a federally licensed firearms dealer; and
  • file proof in court within 72 hours that the firearms were turned in or the abuser has none.¹

The judge can also give you:

• protections for pets or animals in your home;
• temporary custody of your minor children; and
• temporary child support for up to 90 days, after the abuser is served and the judge has a hearing.²

For more on what happens to the abuser’s firearms, go to If the abuser’s gun is taken away as part of my restraining order, what will happen to it?

Note: The protections about giving up firearms don’t apply if the abuser is a law enforcement officer (peace officer), an active member of the military, or in another job where s/he must carry a departmental firearm while on duty. If the abuser is in one of these jobs, s/he can only keep the gun while working. At all other times, it must be stored at the workplace.³ You may also want to read about the risks and ways to stay safe When the Abuser is in Law Enforcement.

¹ R.I. Gen. Laws § 15-15-3(a)(1), (a)(2), (a)(4)
² R.I. Gen. Laws § 15-15-3(a)(2), (a)(3), (a)(5)
³ R.I. Gen. Laws § 15-15-3(k)

When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, see extended family, or for business, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. The abuser gets served with the court petition while s/he is in your state. This is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

If the judge in your state refuses to give you an order, you can file in the courthouse in the abuser’s state. However, you will likely need to apply in person and attend multiple court dates. This could be difficult if the abuser’s state is far away.

You can file for a domestic abuse restraining order if you or your child is a victim of domestic abuse or your child is the victim of sexual exploitation. Whether you file in family court or district court depends on your relationship with the abuser and whether anyone involved in the case is a child.¹ Use the chart below to see where to file based on your situation.

¹ R.I. Gen. Laws §§ 8-8.1-1(1), (3), (5); 8-8.1-3(a); 15-15-1(2), (4), (6),  (7), (8); 15-15-3(a)
² R.I. Gen. Laws § 15-15-1(4), (6), (7), (8), (10)
³ R.I. Gen. Laws § 8-8.1-1(1), (5)

The law says the following people can apply for a restraining order in family court:

• a person who is the victim of domestic abuse or sexual exploitation;
• a parent, custodian, or legal guardian filing for a minor child; and
• someone from the Department of Children, Youth, and Families (DCYF) if a child is in DCYF custody.¹

It doesn’t specify how old a person has to be to file on his/her own. If you are a minor and want to file without your parent, custodian, or guardian, you could try to talk to a lawyer at a free legal services organization to get advice. 

¹ R.I. Gen. Laws §§ 15-15-3(a)

You do not need a lawyer to file for a restraining order. However, it can help to have one to make sure your rights are protected. This is especially true if the abuser has a lawyer or if you have a child in common.

Even if you can’t get a lawyer to represent you, you can still try to speak with one and get advice before your final hearing. If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to the RI Finding a Lawyer page for legal referrals.

If you are representing yourself, domestic violence organizations in your area or staff at the courthouse may be able to answer some questions or help you fill out court forms. We also have tips to help you in our Preparing for Court – By Yourself section.

When you apply for a restraining or protective order, usually, you need to complete a complaint and an affidavit. A complaint is the paperwork that starts the case. An affidavit is a sworn statement about what happened. On the complaint and affidavit forms, you will be the “plaintiff.” The abuser will be the “defendant.”

In the space provided, explain why you need the restraining order. When you write about the abuse, describe what the abuser did to you. Here are some examples of descriptive words: slap, hit, grab, choke, threaten, etc. Be as specific as you can. Include details about when and where the abuse happened, the fear or pain you felt, and any injuries you had. Be aware that the abuser will be able to read what you write.

You may also have to give a physical description of the abuser and an address where s/he can be found so the order can be served. Clerks can show you which blanks to fill in, but they cannot help you decide what to write. Show the forms to a clerk before you sign them. You may need to sign them in front of a clerk or notary.

If you need immediate protection, tell the clerk that you want to apply for a temporary “ex parte” restraining order. A judge can give you a temporary order the same day if the judge believes that you or your child is in danger of immediate and severe injury, loss, or damage.^{1 “}Ex parte” means the judge can give this type of order without the abuser having notice beforehand or being present in court. However, once you get an order, it must be served to the abuser.

Also, tell the clerk if you don’t want the abuser to know your address. There may be an additional form to fill out to keep your address confidential.

¹ R.I. Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)

Your restraining order becomes “enforceable” after the abuser has been personally given (served) a copy of it. That means, once it’s served, the abuser can be arrested if s/he doesn’t follow the order. The abuser must also be served with notice of the hearing and a copy of the complaint that you filed against him/her. If the defendant is a minor, the complaint and any order must also be personally served to the minor’s parent or guardian.¹

A deputy sheriff must serve the restraining order paperwork for free. You can also hire a certified constable to serve the abuser, however, constables charge a fee.² Do not try and serve the abuser with the papers yourself.

After serving the papers, the sheriff or constable sends the “return of service” form to the court, you, and the police. This form proves that the abuser was served in case s/he doesn’t show up at the hearing.³ If you don’t receive a copy of the return of service, you may want to follow up with the sheriff or constable to ensure they serve the abuser and submit the form to the court before the hearing date.

If the sheriff or constable makes a thorough (diligent) effort but still can’t personally serve the defendant, the judge may allow the defendant to be served differently. This is called an alternate method of service. For example, the judge can order service:

• by certified and regular mail to the defendant’s place of employment or last known address, but this couldn’t be the address of your home that the defendant was ordered to vacate as part of the restraining order;
• by leaving copies of the papers at the defendant’s home with a person of “suitable age and discretion”- that means not giving them to a young child, for example; or
• by publication in a newspaper for two weeks in a row.⁴

The judge will then set a new date for the hearing on the complaint and extend the temporary order until that date.⁴

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ R.I. Gen. Laws § 15-15-4.1(a)
² R.I. Gen. Laws §§ 8-8.1-4.2(a); 15-15-4.1(a)
³ R.I. Gen. Laws §§ 8-8.1-4.2(b), (c); 15-15-4.1(b), (c)
⁴ R.I. Gen. Laws §§ 8-8.1-4.2(d); 15-15-4.1(d)

If the judge orders the abuser to give up (surrender) his/her firearms as part of your restraining order, the abuser must surrender his/her guns to one of the following:

• a person who is not the abuser’s intimate partner or relative as long as s/he will not \ return the guns while the restraining order is still valid;
• the Rhode Island state police or local police department; or
• a licensed gun dealer.¹

Within 24 hours of getting notice of the restraining order, the abuser must turn in his/her guns to one of the people listed above.

Within 72 hours, the abuser must file proof in court that s/he properly turned in any guns, or that s/he does not have any.

The abuser can ask for a court hearing within 15 days for the judge to review the order and decide whether or not the firearms should stay surrendered or be returned to the abuser. At the hearing, the abuser has the burden of proving that s/he would not pose a danger to you or anyone else if his/her guns were returned. You will receive notice of the hearing and have the right to be present.²

¹ R.I. Gen Laws §§ 8-8.1-3(a), (k), (m); 15-15-3(d)
² R.I. Gen Laws §§ 8-8.1-3(c), (j); 15-15-3(b)

If you are not granted a restraining order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and connect you with the resources you need. For safety planning ideas and information, go to our Safety Planning page. You can find contact information for domestic violence organizations on our RI Advocates and Shelters page.

If you are not eligible for a family or district court restraining order, you may still be able to get a different type of order. You can read our sections about Sexual Assault Protective Orders, Workplace Violence Restraining Orders, and Extreme Risk Protection Orders to see if you qualify for one of those orders. Additionally, if the abuser is arrested for a crime, you may receive a no-contact order from the criminal case.¹

You may also be able to reapply for a restraining order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law by denying your order, you can talk to a lawyer about the possibility of an appeal. Generally, appeals must be filed shortly after the order is granted or denied. Appeals are complicated and you will most likely need the help of a lawyer. You can read more about appeals on our Filing an Appeal page.

¹ R.I. Gen. Laws § 12-29-4(a)

If you want to change (modify) your order, you can return to the court where you got it and file a modification petition. The abuser will be served and there will be a hearing date set. You will have to explain to the judge at the hearing why the order should be changed in the way you are requesting.

To extend your order, you can return to the court where you got it and file a renewal petition. You must request the renewal before your order expires.¹ A judge may renew your order for as long as the judge believes you need it to protect you from abuse.² You can renew your order more than once.

¹ R.I. Gen. Laws § 8-8.1-7
² R.I. Gen. Laws §§ 8-8.1-3(n); 15-15-3(m)(2)

According to federal law, courts cannot post information online that could reveal your identity or location. This includes:

• your protection order, restraining order, or injunction;
• the petition or complaint you filed to get the order or injunction; and
• the registration of your order in another state.¹

This law applies in all U.S. states, territories, and tribal lands.

¹ 18 U.S.C. § 2265(d)(3)

A sexual assault protective order is a court order that can protect you from an abuser if you are the victim of sexual assault as defined by the law, which includes stalking.¹

¹ R.I. Gen. Laws § 11-37.2-2(a)

There are two types of sexual assault protective orders: temporary orders and final orders.

Temporary orders – When you file a petition for a sexual assault protective order, you can ask for a temporary, ex parte restraining order to be issued immediately. A judge can grant you a temporary order if the judge decides that your petition shows that you will suffer immediate and permanent injury, loss, or damage without an order. The judge can issue this order “ex parte,” which means that the abuser does not receive prior notice and is not present at the hearing. A temporary order can last for up to 21 days.¹

Final orders – A final sexual assault protective order can be issued after the abuser has an opportunity to participate in a hearing where the judge hears evidence from both parties. A final order can last up to three years, but you can ask the judge to extend it.²

¹ R.I. Gen. Laws § 11-37.2-3
² R.I. Gen. Laws § 11-37.2-2(d)

You can file for a sexual assault protective order in the district court in your county. However, if either the victim or the abuser is a minor, then you would file in the family court in your county.¹

¹ R.I. Gen. Laws §§ 11-37.2-1(a); 11-37.2-2(a)

There are no fees to file for a sexual assault protective order.¹

¹ R.I. Gen. Laws § 11-37.2-1(a)

Changing your order

You or the abuser can ask the judge to change (modify) the order at any time after it’s been made by filing a motion.¹

Extending your order

The judge can extend your order for more time if you still need it to protect you. You can file a motion asking to extend the order before it expires.¹

¹ R.I. Gen. Laws § 11-37.2-2(d)

An extreme risk protection order is a civil court order that keeps a person (the “respondent”) from:

• having a gun in his/her possession, custody, or control;
• purchasing or receiving a gun; or
• attempting to purchase or receive a gun.¹

¹ 8 R.I. Gen. Laws § 8-8.3-3(b)

There are two types of extreme risk protection orders: temporary ex parte extreme risk protection orders and one-year extreme risk protection orders.

Temporary ex parte extreme risk protection orders: The judge can issue a temporary ex parte extreme risk protection order without the respondent having notice of the hearing or being present for the hearing. This type of order remains in effect until the next hearing, which must be scheduled within 14 days.¹

One-year extreme risk protection orders issued after a hearing: A one-year extreme risk protection order can be issued after the respondent receives notice and has the opportunity to be present for a hearing in court. At the hearing, the judge will decide if the respondent poses a significant danger of causing personal injury to himself/herself or others by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm. An extreme risk protection order issued after a hearing will last for a period of one year.²

¹ 8 R.I. Gen. Laws § 8-8.3-4(e)(7), (f)
² 8 R.I. Gen. Laws § 8-8.3-5(a)

The judge will consider several factors when deciding whether to grant an extreme risk protection order. To decide if the respondent poses a significant danger of causing personal injury to himself/herself or others, the judge will consider the respondent’s:

• acts or threats of violence against himself/herself or others, including any recent act or a pattern of such acts within the past 12 months;
• mental health history;
• drug or alcohol abuse;
• violations of any court orders, including restraining orders, no-contact orders, and protective orders;
• previous extreme risk protection orders;
• illegal, threatening, or reckless use or waving of a firearm, including through social media;
• ownership of, access to, or a plan to possess firearms;
• criminal history;
• history, use, attempted use, or threatened use of physical violence, history of stalking, or history of cruelty to animals; and
• history of recently getting or trying to get firearms.¹

¹ 8 R.I. Gen. Laws § 8-8.3-5(a), (b)

The respondent can be held in contempt of court for violating an extreme risk protection order. In addition, violating an extreme risk protection order is a felony. The respondent can be punished by being sent to jail for up to ten years, fined up to $10,000, or both.¹

¹ 8 R.I. Gen. Laws § 8-8.3-10(a), (b)

A person who had his/her gun taken away because of an extreme risk protection order can get the gun back when the order is no longer in effect. The gun will be returned to the respondent within ten days of asking for it if:

1. s/he shows proof from the court that the extreme risk protective order ended or expired and was not renewed  and
2. the law enforcement agency that has the gun checks the national criminal records and determines that there is no other reason why the person can’t have a gun under state or federal law.¹ Note: See our Rhode Island State Gun Laws and Federal Gun Laws pages to learn about other reasons why someone cannot legally have a gun.

¹ R.I. Gen. Laws § 8-8.3-8(a)

If you have a valid Rhode Island restraining order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, says that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the United States, including US territories. In other words, each state must enforce out-of-state protection orders in the same way it enforces its own orders. If an abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated. 

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my restraining order is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued it and arrange to be at the hearing. You may need to appear in person or, if the judge allows it, by telephone or video call. However, you may be able to apply for a new order in the state that you are moving to if you meet the requirements for getting a protective order there. Keep in mind that if you apply in your new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

You do not have to take any special steps to get your protection order enforced in another state. Many states have a process to register or file an out-of-state order to make it easier to enforce if the abuser breaks the order. However, you can still get a valid protection order enforced in another state even if you do not register or file it.¹ For your safety, always keep a copy of your protection order with you.

It can help to know the rules in any state where you will live or visit. For example, in some states, you may need a certified copy of your out-of-state protection order. Knowing the rules in your new state may help you get the police or courts to enforce your order quickly.

A domestic violence organization can tell you how this works in your area. To find one, visit our Advocates and Shelters page and choose your new state in the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your restraining order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can tell you what the advantages and disadvantages are for registering your restraining order. S/he may also be able to help you through the process if you decide to register it.

To find a domestic violence advocate or lawyer in the state to which you are moving, go to the Places that Help page and select that state from the drop-down menu.

It may depend on what exactly your restraining order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your children. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, see our Rhode Island Custody page.

If you are unsure whether or not you can take your children out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Rhode Island on our Finding a Lawyer page.

Your protection order can be enforced in Rhode Island as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page. 

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody part of your order meets the standards of certain federal laws, Rhode Island can enforce it.¹ To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find Rhode Island lawyers, go to our Finding a Lawyer page.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide electronic database used by law enforcement agencies in the United States, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

The state that issued your protection order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Rhode Island. 

You can register your protection order by filing a certified copy of it in any superior court, family court, or district court. You will also need to write a sworn statement (affidavit) that, as far as you know, the order is currently in effect as written. The order will then be entered into RONCO, the Rhode Island Restraining Order and No Contact Order registry.¹

You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Rhode Island to ask for help from a local advocate. To find a local domestic violence organization, please go to our Rhode Island Advocates and Shelters page.

 ¹ R.I. Gen. Laws § 12-29-1.1(b)

According to federal and state laws, you do not need to register your restraining order to get it enforced in Rhode Island. However, if your order is not entered into the national or state restraining order registry, it may be harder for a law enforcement officer to check if it is valid. So, it could take longer to get your order enforced. However, if you have a certified copy of your restraining order with you when the police arrive, or if it is listed in the National Criminal Information Center (NCIC) registry, then it may not matter if your order is registered in Rhode Island or not.

If you are unsure if registering your order is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Rhode Island on our Advocates and Shelters page.