Restraining Orders

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 RI Gen. Laws § 8-8.1-3(a), (m)
² RI Gen. Laws § 8-8.1-3(k)