Restraining Orders

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)