A quick overview of the legal system

The legal system is divided into two areas: civil law and criminal law.

Civil Law
Under civil law, one person sues another for a private wrong. In a civil domestic violence action, you are asking the court to resolve the conflict between you and your abuser. You are not asking the court to punish your abuser for committing a crime. The restraining orders we talk about on this page are under the civil law system.

If the civil court grants a temporary restraining order based on a complaint that a minor is suffering from domestic abuse, the court must, under state law, notify the appropriate law enforcement agency.

Criminal Law
The criminal law system handles cases that involve crimes such as harassment, assault, murder, stalking, and theft. A criminal complaint involves charging your abuser with one of the crimes listed in the state's Domestic Violence Prevention Act.

The police may arrest your abuser and then the attorney general may decide to charge your abuser with a crime. In many cases you can choose whether or not to "press charges," but once someone is arrested, the attorney general is the one who decides whether to charge that person with a crime and how to proceed with it.

Note: Domestic violence cases may involve both civil and criminal action.

Please be aware, however, that the criminal justice system and law enforcement may become involved in a domestic violence situation, whether or not you request that they do so. If a police officer arrives to investigate a possible instance of domestic abuse, the officer has a duty to take whatever steps are necessary to ensure the safety of any victim, cohabitant, or minor child, including arresting the abuser.

What is a domestic violence restraining order?

A restraining order is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.

What is the legal definition of domestic abuse in RI?

"Domestic abuse" is when someone who is or was a family member, cohabitant, or someone who you date or used to date does any of the following:

• Attempts to cause or causes physical harm
• Places you in fear of imminent serious physical harm; or
• Causes you to engage involuntarily in sexual relations by force, threat of force, or duress.
• Stalks you by willfully, maliciously and repeatedly following you with the intent to place you in reasonable fear of bodily injury; or
• Transmits any communication by computer to you for the sole purpose of harassing you and your family.

Domestic violence includes, but is not limited to the following crimes that are committed by a family or household member against another family or household member:

• Simple assault
• Felony assault
• Vandalism
• Disorderly conduct
• Trespass
• Kidnapping
• Child snatching
• Sexual Assault
• Homicide
• Violation of Protective Order
• Stalking

Your relationship with the abuser will determine whether you will file for an order in District Court or Family Court. See Am I eligible for a restraining order? to figure out where to file.

Am I eligible for a restraining order?

Your eligibility in filing for a restraining order depends upon your relationship to your abuser. There are three main options: Family Court, District Court, or through your workplace.

1. Family Court. You are eligible to file for a restraining order in Family Court if you have been the victim of acts of domestic violence committed by:

• A spouse or former spouse
• A parent or stepparent
• Minor children, stepchildren
• Anyone related to you by blood or marriage
• Stepchildren and stepparents
• Anyone with whom you have had a child, even if you never married them or never lived with them
• Someone you have dated seriously or been engaged to within the past one year, if at least one of you is a minor. It is up to the court to decide whether the seriousness of your relationship warrants your protection under this law.
• Someone you lived with in the past three (3) years.

Teen victims of dating violence can apply for restraining orders through Family Court if a parent or legal guardian accompanies them. 4

2. District Court. If you are not eligible to file in Family Court, then you may be eligible to file for a restraining order in District Court if you or your minor child has been the victim of acts of domestic violence committed by:

• Someone you live with or used to live with within the past three years, or
• Someone you have dated with the past one year.

If a teen is emancipated, then s/he can apply in District Court without a parent or guardian.

Note: Under the legal definition, same-sex partners can apply for restraining orders in District Court if they have dated within the last year and/or have lived together within the past three years. Ultimately, however, the decision is up to the judge, and many judges may not grant an order in such a situation. Please talk to an advocate in your area before applying for an order if this situation applies to you. RI Links & Resources.

If you are not eligible for a Family or District Court restraining order, you may be able to get protection through a no-contact order or a workplace restraining order. See What if I'm not eligible for a restraining order? for more information.

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What types of restraining orders are there? How long do they last?

Both Family Court and District Court offer temporary restraining orders and final restraining orders.  You may also be able to get an emergency order if the courts are closed. These restraining orders may go by different names in different counties.  They may also be called protective orders.

Emergency restraining orders may be granted if the courts are closed and you need immediate protection. If you need an emergency restraining order, contact your local police department for help. A judge may grant you a temporary order over the phone to a police officer. If you receive an emergency order over the phone, it expires at the close of the next business day. You will have to go to court to get a standard temporary order, which will last for up to three weeks, until your full court hearing for a final restraining order.

Temporary restraining orders are designed to offer you emergency protection until the full court hearing for your final restraining order. Temporary orders are granted only if you can prove to the judge through your testimony or evidence that one is necessary to prevent immediate harm to you or your family.

If the court believes that your safety is at risk, you may receive a temporary order without the knowledge of the abuser, or his presence in the court room.

A temporary order lasts for up to 21 days.  The court can extend it if it feels that it is necessary to do so to protect you.

Final restraining orders offer more protective remedies and for a longer period of time than a temporary order.  A final order can be issued only after a full court hearing in which you and the abuser both have a chance to tell your sides of the story.

A final restraining order lasts up to three years. You may also ask to have it extended.

A restraining order may order your abuser to:

• Stop assaulting you
• Stop harassing you
• Stop contacting you
• Stay away from any place you request including your workplace, your school, your children’s school, your home, your friends' homes or any place you are seeking shelter.
• Attend counseling
• Vacate the household immediately (if you live together)
• Pay child support for up to 90 days
• Pay for any expenses you incurred as a result of the abuse, such as hospital bills or moving costs
• Hand over any firearms in his possession to the authorities and forbid him from buying firearms.

A restraining order may also:

• Award you custody of your minor children
• Grant you anything else that you ask for and the judge agrees to

Whether a judge orders any or all of the above depends on the facts of your case.

How much does it cost to get a restraining order? Do I need an attorney?

There are no fees for filing for a restraining order.

You do not need a lawyer to file for a restraining order. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the RI Links & Resources page. Domestic violence organizations in your area also should be able to help you through the legal process and may have lawyer referrals.

What are the steps involved with obtaining a restraining order?

Step 1: Get the necessary forms. To start your case, you will need to fill out the necessary forms for a restraining order.

You can find the forms from the clerk at the courthouse, but you may want to find them before you go and fill them out at home or with an advocate from a shelter. You will find links to forms online on the RI Download Court Forms page.

Most shelters and other domestic violence organizations can provide support for you while you fill out these papers and go to court. (Go to RI Links & Resources to find an organization in your area.)

Step 2: Carefully fill out the forms. On the complaint, you will be the "plaintiff" and the abuser will be the "defendant."

On the complaint, in the box provided for explaining why you want the restraining order, write briefly about the most recent incident of violence, using specific language (slapping, hitting, grabbing, threatening, etc.) that fits your situation. Include details and dates, if possible. Clerks can show you which blanks to fill in, but they cannot help you decide what to write.

If you need immediate protection, tell the clerk that you want to apply for a temporary restraining order. A judge can grant you a temporary order if you or your child are in immediate danger. (The abuser does not have to be with you or be told you are asking the judge for a temporary restraining order.)

Note:  Do not sign the petition until you have shown it to a clerk, as the form may need to be notarized or signed in the presence of court personnel.

Step 3: Bring identification for you and identifying information about your abuser. When you go to the courthouse, remember to bring some form of identification. It is also helpful to bring identifying information about your abuser if you have it:

• a photo
• social security number
• addresses of residence and employment
• phone numbers
• a description and plate number of your abuser's car
• any history of drugs, violence or gun ownership

Step 4: Go to the courthouse to file the forms. You will need to file the forms in the family or district courthouse where you live, where your abuser lives, or where the abuse occurred.

To file the forms, during business hours, go to the clerk of court. Tell the clerk or the magistrate that you want to file for a restraining order. If you need the immediate protection of a temporary restraining order, be sure to tell the clerk. To find contact information for the courthouse in your area, click on RI Courthouse Locations & Info.

Step 5:  A judge will review your application. After you finish filling out your application, bring it to the court clerk.  The clerk will forward it to a judge.  The judge may wish to ask you questions as s/he reviews your petition.  The judge will decide whether or not to issue the temporary order, and if you seek a final order the judge will set a date for a hearing.  You will be given papers that state the time and date of your hearing for a final order. The hearing should be schedule to happen within 21 days.

Note: If you received a temporary order, keep a copy of it with you at all times.

Step 6:  Service of process. Your restraining order is not valid until the abuser has been served with a notice of hearing and with any restraining orders that a judge has granted you.  The sheriff or police will attempt to serve the abuser. Do not try and serve the abuser in person with the papers yourself.

If the defendant does not receive notice, the hearing will be rescheduled.

Step 5:  Full Court Hearing. On the day of the hearing, you must go to the hearing to ask to have your temporary order (good only for up to 21 days) turned into a final restraining order, which will last for up to three years.

If you do not go to the hearing, your temporary order will expire. If the abuser does not show up for the hearing, the judge may still grant you a final restraining order or may reschedule the hearing.

You may wish to hire a lawyer to help with your case, especially if your abuser has a lawyer. If your abuser shows up with a lawyer, you can ask the judge for a "continuance" (a later court date) so that you have time to find a lawyer. (Go to RI Links & Resources to find help in your area.)

If you cannot go to the hearing at the scheduled time, you may call the judge's office to ask that your case be "continued," but the judge may deny your request.

What will I have to prove at the hearing?

As the person requesting a restraining order, you must:

• Prove that the defendant has committed acts of domestic violence (as defined by the law) against you or your children; and
• Convince a judge that you need the protection of a restraining order because your safety is at risk.

What should I do before the hearing to prepare my case?

Contact witnesses who saw the abuse or your injuries. Anyone can be a witness-- a friend, family member, children, emergency room nurse, doctor, stranger, law enforcement officer, etc. Some witnesses may not come to court unless they are given a subpoena which commands them to appear and testify. Ask the court clerks about subpoena forms. If the people you subpoena do not come to the hearing, let the judge know.

Get evidence to help you prove your case. Evidence can include:

• What you or a witness says in court about the incident(s)
• Medical reports
• Police reports
• Pictures of your injuries - best if dated
• Household objects torn or broken by your abuser
• Pictures of your household in disarray after an episode of domestic violence
• Weapons used
• Tapes of calls you may have made to 911
• Certified copies of the abuser’s criminal record
• Anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection

The more evidence you have, the greater your chances of being granted a protection order. However, the judge will listen to your story even if you have no paper evidence or witnesses.

Practice telling your story. You may want to make an outline or notes of the history of violence between you and the defendant. You may take notes to court with you to look at if you forget something, but if you read from them, the judge may order that the defendant be allowed to see them. Tell your story in your own words, but leave out details that have nothing to do with the physical violence or threats of violence. Also, rather than saying, "He or she hit me," tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may also want to mention:

• The most recent 2 incidents of violence,
• The worst 2 incidents of violence,
• Whether the defendant has a gun or other weapons, and
• Whether the defendant has threatened to physically hurt or kill you.

What should I do on the day of the hearing?

• Dress neatly.
• Be on time.
• Be prepared to spend all day in court. (There may be hearings before yours.)
• Have your evidence ready.
• Have your witnesses there and ready. If you have subpoenaed witnesses and they are not present, you should inform the judge.
• Always address the judge as “Your Honor.”
• Speak directly to the judge; he or she will understand if you feel nervous.
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a “continuance” so you can look for a lawyer.
• Once your case is called, enter the courtroom and find a seat. It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm.
• Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.
• Always tell the truth.
• If you don’t understand a question, just say so.
• If you don’t know the answer to a question, just say so. Never make up an answer.

What is the order of events in the courtroom?

• At the hearing, everyone who will testify will swear or affirm to tell the truth.
• Since you are the plaintiff, you will tell your side of the story first.
• The judge and the defendant (your abuser) may ask you questions, which you must answer truthfully. If you are scared to answer any of them, tell the judge.
• When you are finished, your witnesses may speak. You may ask them questions, and then the judge and the defendant will have a turn to ask them questions.
• The defendant will tell his or her side. It may be very different from yours. After the defendant tells his story, you and the judge are allowed to ask him questions.
• The judge will make a decision after hearing both sides and considering the evidence.
• If the judge decides in your favor, the judge will sign a final restraining order. The restraining order will have boxes checked or things written in by the judge that the defendant has been ordered to do. The judge can order the restraining order to be effective for as long as three years. (Before the three years is over, you may apply to the court to have your restraining order extended. You will have to go to a short hearing to tell a judge why you need it extended.)
• You will be given a copy of the restraining order. Review it carefully before you leave the courthouse. If you have ANY questions about it, be sure to ask the judge.

What should I do when I leave the courthouse?

• Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the restraining order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks and your phone number.

One week after court, call your local law enforcement offices to make sure they have received copies of the restraining order from the clerk.

You may also wish to make a safety plan. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey restraining orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.

I was not granted a restraining order. What are my options?

If you are not granted a restraining order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of Rhode Island resources on our RI Links and Resources page.

If you were not granted a Family or District Court restraining order because your relationship with the abuser does not qualify, you may be able to seek protection through a criminal no-contact order or through your workplace. You will find more information about this in the What if I don't qualify for a restraining order ? section.

You may also be able to reapply for restraining order if you have new evidence to show the court that domestic abuse did occur, or if a new incident of domestic abuse occurs after you are denied the Order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer.

What if the abuser violates the order?

Violating a restraining order is against the law. There are 2 main ways to get help if your abuser violates your order.

1. Through the Police or Sheriff (Criminal)
If the defendant violates the restraining order, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a restraining order and the defendant is violating it. If the defendant is arrested, then the Attorney General can prosecute your abuser because it is a crime to violate a restraining order. If found guilty of a violation of a restraining order, the defendant can be put in jail for up to 150 days.

2. Through the Civil Court System (Civil)
You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your restraining order orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms.

How do I change or extend my order?

To modify your order, go back to the court where you got it and file a petition with the clerk. You will have to repeat the hearing process again.

A judge may extend your order by granting a renewal. You must request this renewal before your order expires. You may have it renewed more than once.

What happens if I move?

If you move within Rhode Island, your order will still be valid and good. It is a good idea to call the Clerk to change your address.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the battered women’s program in the state where you are going to find out how that state treats out-of-state orders.

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil restraining or protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

What if I don't qualify for a restraining order?

In Rhode Island, Family and District Court restraining orders do not cover:

• A victim of abuse whose abuser is anyone besides:
  • a spouse or former spouse
  • a parent or stepparent
  • minor children, stepchildren
  • anyone related to you by blood or marriage
  • stepchildren and stepparents
  • anyone with whom you have had a child, even if you never married them
  • someone you have dated within the past year
  • someone you live with or used to live with within the past three years

However, you can still do many things to stay safe:

• No-contact orders. Assault, stalking, and harassment are against the law. If one of these crimes is being committed against you, you may report it to law enforcement. If charges are pressed against the perpetrator, a judge may be able to order him/her to stay away from you through a no-contact order.
  
  A no-contact order is connected to a criminal case, and is issued by a judge when someone is arrested for a domestic violence charge. You do not have to file for it yourself. No contact orders are similar to Family and District Court orders except that a no-contact order ends at the conclusion of the criminal case, and does not make allowances for living arrangements and child custody issues that are available with a Family or District Court restraining order. 11
  
  
• Workplace restraining order. Your employer may also be able to apply for a restraining order to keep your abuser or a stalker away from you at work. You do not need to have a personal relationship with your abuser or stalker for your workplace to file a restraining order. In other words, your abuser or stalker could be anyone, such as a neighbor, a co-worker, or a stranger. Your employer must file for this type of restraining order on your behalf.

You can also visit our Safety Planning page for ways to increase your safety. If you are being stalked or harassed, go to the Stalking Resource Center website for more information on stalking and harassment laws, as well safety planning information. Restraining orders also may not cover many types of emotional or mental abuse. If you're being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options and offer you support
(Rhode Island Links & Resources).

Contact: Rhode Island Coalition Against Domestic Violence

E-mail: ricadv@ricadv.org