How to get a restraining order in Rhode Island

Understanding Rhode Island's Restraining Order Types

Rhode Island offers several types of restraining orders depending on your situation. A Domestic Abuse Restraining Order protects victims from family members, household members, dating partners, or people with whom you share a child. A No-Contact Order addresses harassment and stalking by anyone, including strangers or acquaintances. The Protection from Abuse (PFA) order is the most common and provides comprehensive protection including provisions for child custody, support, and exclusive possession of a shared residence. Each type offers specific protections tailored to your circumstances, and understanding which one applies to your situation is the first step in the process.

Where and How to File Your Petition

To file for a restraining order in Rhode Island, visit the District Court or Family Court serving your area. In Providence, you can file at Providence County Family Court at One Dorrance Plaza, Providence, RI 02903 (401-458-3200). In Kent County, head to the Family Court at 222 Quaker Lane, Warwick, RI 02886 (401-822-1764). Newport County residents can file at 45 Washington Square, Newport, RI 02840 (401-841-8330), while Washington County residents go to 4800 Tower Hill Road, Wakefield, RI 02879 (401-782-4121).

When you arrive at the courthouse, tell the clerk you need to file for a restraining order. The court staff will provide you with the necessary forms, including the Complaint for Protection from Abuse and an affidavit where you'll describe the abuse or threats you've experienced. Be specific about dates, times, and incidents. You do not need a lawyer to file, and there are no filing fees. The Rhode Island Coalition Against Domestic Violence (401-467-9940) operates a 24-hour hotline and can provide advocates who may accompany you to court.

The Court Process and What to Expect

After filing your petition, you'll typically see a judge the same day if you're seeking an emergency temporary restraining order. The judge will review your petition and may ask you questions under oath about the abuse or threats. If granted, the temporary order takes effect immediately and provides protection until your full hearing, which must be scheduled within 21 days.

At the full hearing, both you and the respondent have the right to present evidence, call witnesses, and testify. The respondent will have been served with notice of the hearing by law enforcement. You should bring any evidence supporting your case: photographs of injuries, threatening text messages or emails, medical records, police reports, and witnesses who can corroborate your account. The judge will determine whether to issue a final restraining order, which can last up to one year and may be extended.

What Protection a Restraining Order Provides

A Rhode Island restraining order can prohibit the respondent from contacting you, coming near your home, workplace, or school, and possessing firearms. In domestic cases, orders may include temporary custody arrangements, child support, exclusive use of a shared residence, and protection for pets. Violating a restraining order is a criminal offense punishable by up to one year in jail and fines up to $1,000 for a first offense. Always carry a copy of your order and call 911 immediately if it's violated. Police must arrest violators if there's probable cause.

Common Mistakes to Avoid

Don't wait until violence escalates to seek protection—restraining orders can be granted based on threats and patterns of behavior. Avoid contacting the respondent yourself after filing, as this can complicate your case and potentially weaken your order. Don't provide incomplete information on your petition; vague descriptions make it harder for judges to grant protection and for police to enforce orders. Many petitioners forget to request specific provisions like staying away from their workplace or children's school—be comprehensive about the locations where you need protection. Finally, don't assume a temporary order is permanent; you must attend the full hearing or risk losing your protection.

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