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EspañolWhat is the legal definition of domestic abuse in Rhode Island?
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)
What is stalking?
Stalking is when the abuser:
- harasses you or your child over time by doing things to seriously alarm, annoy, or bother you for no good reason, and it’s so bad that anyone would feel “substantial emotional distress” or fear being hurt physically; or
- follows you or your child, repeatedly, on purpose, and in a harmful way that is meant to make you afraid of being hurt physically.1
1 R.I. Gen. Laws §§ 8-8.1-1(2), (5)(vii), (6), (8); 15-15-1(1), (4)(iv), (5), (9)
What is cyberstalking?
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)
What is the legal definition of sexual exploitation?
This section defines sexual exploitation of a minor child for the purposes of getting a restraining order in family court.
Sexual exploitation is when a person:
- buys or sells a child for sex; or
- encourages, helps, or pressures a child to take part in a commercial sex act or sexually explicit performance.1
This includes recruiting, hiring, luring, offering money (soliciting), isolating, hiding, transporting, providing, persuading, getting, or keeping the child to get him/her to take part in the sex act or performance.1
1 R.I. Gen. Laws § 15-15-1(8)(i)
What is a commercial sex act?
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)
What is a sexually explicit performance?
A sexually explicit performance is an act or a show designed to arouse or satisfy someone’s sexual desires or interests. It can happen in public or private, live or recorded, like in photos or videos.1
1 R.I. Gen. Laws § 15-15-1(8)(i)(B)
What types of restraining orders are there? How long do they last?
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:
| What it is | How you get it | How long it lasts |
|---|---|---|
| An emergency order is a special order you can get if the courts are closed and you need protection immediately. | Contact your local police department. A judge may give the order over the phone to a police officer. | Until the end of the next business day, so you can go to court and file for a regular temporary order.1 |
| A temporary “ex parte” order is an order the judge can give you on the same day you file, without the abuser being notified beforehand or present. | File a complaint in court and speak to the judge. The judge must believe you would face immediate and severe injury, loss, or damage unless you get the order. | Up to 21 days in most cases, but the court can extend it if your final court hearing gets postponed (adjourned).2 |
| A final order is the order you can get at the end of the case. It lasts for a longer time without you needing to return to court. | Have a hearing when you and the abuser can both present evidence and testimony to prove your sides of the story.2 If the abuser agree (consents) to the order, then the hearing could end without presenting evidence and testimony. | Up to three years, and you can file to renew it before it expires.3 |
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)
What protections can I get in a district court restraining order?
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 district 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;
- leave your home: move out (vacate) immediately if you live together unless the abuser is the sole legal owner or tenant of 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
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.2 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 § 8-8.1-3(a), (m)
2 R.I. Gen. Laws § 8-8.1-3(k)
What protections can I get in a family court restraining order?
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)
In which county can I file for a restraining order?
You can file for a restraining order in the county where you live. If you move to another county to escape abuse, you can file there immediately. You don’t have to live there for a certain time.1
However, think about your safety. If you want to keep your new address confidential, filing in your new county might not be the safest. The court papers will show the county, which could let the abuser know where you are.
1 R.I. Gen. Laws §§ 8-8.1-2(a); 15-15-2(a), (d)
If the abuser lives in a different state, can I still get an order against him/her?
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:
- 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.
- 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.
- 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.
