Am I eligible? Do I file in family court or district court?
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.
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1 RI 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 RI Gen. Laws § 15-15-1(4), (6), (7), (8), (10)
3 RI Gen. Laws § 8-8.1-1(1), (5)
How will the judge decide if my dating or living together relationship qualifies for a domestic abuse restraining order?
If the abuser argues that your relationship doesn’t qualify, you may need to prove that you had a significant and personal or intimate relationship. The judge will consider:
- how long you were in a relationship;
- the type and quality of your connection;
- how often you and the abuser interacted; and
- whether the abuser committed any acts of domestic violence, as explained in What is the legal definition of domestic abuse in Rhode Island?1
1 RI Gen. Laws §§ 8-8.1-1(1), (5); 15-15-1(10)
Can a minor file for a restraining order?
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 RI Gen. Laws §§ 15-15-3(a
How much does it cost to get a restraining order?
There is no fee to file for a restraining order in family or district court.1
1 RI Gen. Laws §§ 8.8-1.2(a), 15-15-2(c)
Do I need a lawyer?
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.