Legal Question in Criminal Law in Rhode Island

Re: Restraining orders

In the State of RI the initial filing can be done without the other person's knowledge. You can get a Temporary Restraining Order (�TRO�) by going to the correct court (the correct court is determined by the relationship between the parties) filling out an affidavit where you indicate that you are in fear of imminent bodily harm and you will get the TRO for 10 days. However the person against whom you have gotten the TRO must be served with a copy of the TRO and supporting affidavit and a hearing date is set usually within 10 days of the TRO. At the hearing both parties are allowed to present evidence to a Judge who will then determine if cause exists to issue a preliminary injunction and/or a permanent restraining Order.

Re: Rhode Island (RI) Restraining orders & Complaints Protection from Abuse

In Rhode Island you can seek a temporary retraining order without the other persons knowledge. The temporary restraining order will only stay in effect for a short period of time pending a hearing as to whether a more permanent injuction or restraining order should issue. After the restraining order is issued you must serve the person with notice of the restraining order by a constable so that they can contest the restraining order if they desire.

When a temporary restraining order is issued by a Rhode Island Court, a hearing date will be set by the Court.

If possible, the person should be served with notice of the restraining order before the hearing date. If the person has not been served by the hearing date, you can seek an extension of the temporary restraining order to attempt to effectuate service of process.

If the restraining order is against your husband or wife or ex husband or ex-wife or against a family member by blood or marriage then it should be filed in Rhode Island Family Court.

If the restraining order is against a person who you have a child with, then the restraining order should be filed in Family Court.

In a Complaint Protection from Abuse, the Court has jurisdiction to issue a restraining order for up to 3 years. Violation of a Rhode Island Complaint protection from abuse restraining order is a crime.

In a Complaint Protection from Abuse, the Family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to Surrender possession of all firearms / guns to the Police department.

Rhode Island District Court Jurisdiction:

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum. If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court.(see above) A restraining order against a current roommate can be filed in District Court. Violation of a District Court Restraining order is a crime.

Rhode Island Superior Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.