Legal Question in Criminal Law in Rhode Island

affidavit

Does an affidavit have legal binding. I am currently wanting to use it in lieu of getting a restraining order out on someone. If I have her sign an affidavit that she will leave me alone does that make her legally binded to do so


Asked on 7/23/07, 12:49 pm

1 Answer from Attorneys

David Slepkow Slepkow Slepkow & Associates, Inc.

Re: affidavit

An affidavit alone does not constitute a restraining order in Rhode Island.

An affidavit may be helpful in getting a restraining order approved if there are admissions in the affidavit.

If this person is related to you by blood or marriage or you have a child together then you need to look into whether you qualify for a Family Court protection from abuse order.

If this is a girlfriend and you do not have a child together, you need to look into obtaining a District Court restraining order.

I suggest that you contact me or another Rhode Island (RI)attorney.

In order to obtain a restraining order you must show that you are in fear of imminent physical harm or that you have been assaulted or threatened or other grounds.

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Answered on 7/30/07, 12:04 pm


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