How To Get A Restraining Order In Rhode Island

A Rhode Island restraining order (also known as a protective order) is a legal order issued by a court to prohibit an individual from contacting, harassing, threatening, or approaching another person. It's goal is to ensure the safety and well-being of individuals who have experienced or are at risk of abuse, harassment, or violence.

Rhode Island courts issue restraining orders in situations involving domestic violence, stalking, sexual assault, or any behavior that places a person in reasonable fear for their safety. These orders serve as legal protection and can also set specific conditions regarding communication, proximity, and contact with the protected person. Once granted, a restraining order becomes part of the Rhode Island civil court records, meaning it is logged and maintained by the court as part of the official case file. These records may be used in future legal matters, background checks, or enforcement actions.

Types Of Restraining Orders in Rhode Island

Rhode Island law provides for several types of restraining orders based on the relationship between the petitioner and the respondent, as well as the nature of the conduct involved:

• Domestic Violence Restraining Orders: Issued when the victim and alleged abuser share a familial, romantic, or household relationship. These orders typically fall under the jurisdiction of the Family Court and are designed to prevent further domestic abuse. R.I. Gen. Laws § 15-15-1
• Civil Protection Orders: Granted to protect individuals from harassment, stalking, or sexual assault by someone who is not a household or family member. These are commonly filed in District Court. R.I. Gen. Laws § 8-8.1-3
• No-Contact Orders: Typically issued as a condition of pretrial release in criminal cases involving violence, threats, or harassment. These are issued pursuant to criminal procedure and are automatically imposed under R.I. Gen. Laws § 12-29-4

Are Restraining Orders Public Record In Rhode Island?

Yes. In Rhode Island, restraining orders are generally considered part of the public record. This means that the existence of the order can be accessed by employers, landlords, attorneys, and members of the general public through civil court record searches. The Rhode Island Judiciary maintains court records that may include case details, orders issued, and hearing outcomes.

However, while the order itself is public, specific personal information may be redacted by the court. For example, identifying details such as the addresses of the parties, names of minor children, or confidential health information may be excluded from public view. In cases involving minors, sealed records, or sensitive circumstances, the court may restrict access to the entire file or portions of it.

How To Lookup Restraining Orders In Rhode Island

Interested parties may look up restraining orders by visiting the courthouse where the order was filed and making a request at the clerk's office. Civil court records are typically available to the public unless a judge has ordered otherwise. Individuals may request to inspect the record and, if necessary, obtain certified copies for legal or personal use. Identification may be required, particularly if the request involves sensitive information or sealed documents.

Can You Lookup A Restraining Order Online?

Some restraining order case information may be accessed online through the Rhode Island Judiciary Public Portal. This online database allows users to search by case number, party name, or court location. However, access to certain case types or documents may be restricted depending on the court's privacy rules.

How To File A Restraining Order In Rhode Island

Individuals seeking legal protection in Rhode Island may file a restraining order by following a structured court process. This process varies slightly depending on the relationship between the parties and the type of harm alleged, but generally includes the following steps:

Step 1: Select the appropriate type of restraining order

The first step is to determine the correct type of restraining order based on the petitioner's relationship to the respondent. If the respondent is a spouse, former partner, family member, or someone who lives in the same household, the case should be filed in Family Court under the Domestic Abuse Prevention Act (R.I. Gen. Laws § 15-15-1). If the respondent is someone outside the household, such as a co-worker or acquaintance, the petitioner should file a civil protection order in District Court (R.I. Gen. Laws § 8-8.1-3). In criminal cases involving violence or threats, the court may automatically issue a no-contact order as a condition of pretrial release (R.I. Gen. Laws § 12-29-4).

Step 2: Complete the required forms

Once the appropriate type of order has been identified, the petitioner must complete the correct court forms. These forms are available at the courthouse or can be downloaded from the Rhode Island Judiciary's website; for Family Court petitions: Family Court Forms and for District Court protection orders: District Court Forms

The petitioner will be required to provide a sworn affidavit detailing specific incidents of abuse, harassment, threats, or stalking.

Step 3: File the forms at the appropriate court division

Completed forms must be filed with the clerk of the appropriate court. The clerk will review the documentation and assign the case for judicial consideration. A hearing date is usually issued at this stage.

Step 4: Request a temporary restraining order

If there is an immediate risk of harm, the petitioner may request a temporary restraining order (TRO). A judge may review the application the same day and issue a TRO if the facts support urgent protection. This temporary order remains in effect until the scheduled hearing.

For general guidance on requesting protective orders, visit the Rhode Island Judiciary's Domestic Violence Unit.

Step 5: Receive a hearing date

The court will schedule a full hearing, typically within 7 to 21 days from the date of filing. This hearing allows both parties to appear before the judge and present evidence.

Step 6: Arrange personal service for the respondent

The respondent must be personally served with a copy of the filed petition, the temporary order (if granted), and the notice of hearing. Service must be completed by a sheriff, constable, or another court-authorized individual. The petitioner is not permitted to serve the documents directly.

Step 7: File proof of service with the court

The server must complete and return a proof of service form to the court. Without proof of proper service, the court may delay or dismiss the hearing.

Step 8: Attend the hearing

At the hearing, both the petitioner and the respondent may submit testimony, evidence, and witness statements. If the judge decides that the petitioner has shown enough convincing facts to prove that the abuse or harassment likely happened, the court may issue a final restraining order. Final orders generally remain in effect for up to five years, unless the judge sets an earlier expiration date.

Can You File A Restraining Order For No Reason In Rhode Island?

No. Rhode Island courts do not issue restraining orders without cause. Petitioners must present a valid and legally recognized reason, supported by specific facts or documentation. Under R.I. Gen. Laws § 15-15-3, the Family Court may issue a protective order only when there is reasonable proof of past abuse or a credible threat of future harm.

What Proof Do You Need For A Restraining Order In Rhode Island?

Petitioners must present credible evidence to support their request for protection. This may include:

• Police or incident reports that document prior threats or acts of violence
• Photographs of physical injuries or damaged property
• Voicemails, emails, text messages, or social media messages that contain threats or abusive language
• Statements from eyewitnesses, family members, or co-workers
• Medical records or documentation of injuries caused by the respondent
• Any previous court filings or orders related to the respondent's behavior

The standard of proof required for most civil restraining order cases in Rhode Island is a preponderance of the evidence.

How Long Does It Take To Get A Restraining Order In Rhode Island?

The amount of time it takes to obtain a restraining order in Rhode Island depends on the circumstances and the court's schedule. In emergency situations, a temporary restraining order may be granted on the same day the petition is filed. The judge reviews the application ex parte, meaning only the petitioner is present, and determines whether immediate protection is warranted.

If granted, the temporary order remains in effect until the full hearing, which is usually scheduled within 7 to 21 days. During this period, the respondent is served with the order and given notice of the court date. At the hearing, both parties may present their case, and the judge will decide whether to issue a final order.

How Long Does A Restraining Order Last In Rhode Island?

Emergency and temporary restraining orders issued by Rhode Island courts generally last between five and seven days, particularly if they are issued in connection with criminal proceedings or immediate threats. Temporary civil restraining orders issued pending a hearing typically remain in effect for approximately two to three weeks.

Final restraining orders, granted after a full hearing, may remain in effect for up to five years. The judge may also set a shorter expiration period based on the facts of the case. Before a final order expires, the petitioner may request a renewal by filing a motion with the court.

How Much Does A Restraining Order Cost in Rhode Island?

There is no filing fee for restraining orders involving allegations of domestic violence, sexual assault, stalking, or credible threats of bodily harm. Rhode Island law allows victims of violence or harassment to file these petitions without incurring court costs.

Additional costs may include service fees for delivering the restraining order to the respondent and fees for obtaining certified copies of court documents. However, individuals who cannot afford these fees may request a waiver by filing a financial hardship form.

Can You Cancel A Restraining Order In Rhode Island?

Yes. Either the petitioner or the respondent may request to cancel, modify, or terminate a restraining order. To do so, the requesting party must file a motion with the court that issued the original order. In domestic violence cases, the motion is typically filed in Family Court. For civil protection orders, the motion is filed in the District Court.

After the motion is filed, the court schedules a hearing. The other party must be notified in advance and be allowed to appear. At the hearing, the judge will consider the facts presented and decide whether there is a valid reason to change or cancel the order.