Legal Information: Rhode Island

Restraining Orders

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Updated: 
October 20, 2021

How will a judge make a decision about whether to grant the order?

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)

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