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
1 Answer from Attorneys
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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