Rhode Island Protective Orders Laws

Victims often need protection from their abusers. Rhode Island offers protective orders for many different situations. Also referred to as restraining orders, these court orders use provisions to keep abusers away from their victims. Certain orders can provide temporary rulings on child support, child custody, firearms possession, and more.

The number of restraining orders in Rhode Island can make it confusing to know which one is right for you. To help, this guide will examine each protective order available, explain what they do, and walk you through the process of getting the one you need. Read on for a better understanding of protective orders in Rhode Island.

Rhode Island Protective Orders Laws: Types of Orders Available

From domestic violence to threats in the workplace, Rhode Island has protections in place to help prevent further abuse. Let’s take a look at each order before showing how to apply.

Domestic Violence Restraining Order

Domestic violence crimes can ruin lives and destroy families. The topic is thoroughly examined in FindLaw’s Rhode Island Family Law on Domestic Violence article. We’ll touch on the most important aspects here as well.

Domestic violence crimes center on an abuser gathering power and control over their victims. For classification as domestic violence offenses in Rhode Island, certain abusive acts must occur between family members and household members. Domestic violence labeling causes additional penalties for the offender and opens access to special protections for the victim, including this protection order.

Crimes that fall under certain categories of abusive offenses are eligible for a domestic violence restraining order. These can include, but are not limited to, the following:

• Attempting to cause or causing physical harm
• Placing another in fear of imminent serious physical harm
• Causing another to engage in sexual relations by force, threat of force, or duress
• Stalking or cyberstalking
• Minor children who are victims of sexual exploitation

The court in which the domestic abuse restraining order is filed depends on the people involved. This also determines the scope of the provisions in the order:

District Court Restraining Order Participants

• Cohabitants
• People in a substantive dating relationship together with no common children between them, or who were in such a relationship within the past year

Family Court Restraining Order Participants

• Spouses
• Former spouses
• Children
• Stepchildren
• Adults related by marriage (in-laws and stepfamily)
• Adults related by consanguinity (blood relatives)
• Former family members
• People who have a child in common (regardless of their current relationship)

Because intimate partners and family members are often involved, provisions for domestic violence restraining orders can range beyond no-contact and stay-away orders. Depending on the court issuing the order, not all provisions are available. Restraining orders can include:

• Ordering that the defendant (abuser) can’t contact, assault, molest, sexually exploit, or interfere with the plaintiff (victim) anywhere
• Ordering the defendant to vacate a shared dwelling unless the defendant holds sole legal interest in the dwelling
• Ordering the defendant not to harm any household animals or pets
• Awarding the plaintiff temporary custody of a minor child or children
• The plaintiff’s address isn’t released
• Ordering the defendant to surrender physical possession of all firearms

Domestic violence restraining orders can contain some, all, or none of the provisions listed. The court can add any condition it considers necessary for the victim’s safety. Those applying for an order should consider speaking to either a domestic violence advocate or a Rhode Island domestic violence attorney.

Sexual Assault Protection Order

Much like the name suggests, this order is designed to offer protection to victims of sexual offenses such as sexual abuse. In this case, the victim shouldn’t have a personal relationship with the assailant. If they do, they should file for a domestic violence restraining order instead.

A sexual assault protection order operates the same way a domestic violence restraining order does. It’s filed in district court and even uses the same petition form. Provisions often consist of:

• Ordering that the defendant (abuser) can’t contact, assault, molest, or interfere with the plaintiff (victim) anywhere
• The plaintiff’s address isn’t released

Additional conditions by the court are permitted.

Workplace Violence Restraining Orders

Work is often difficult enough without additional abuse. Petitions for workplace violence restraining orders are filed in superior court by an employer for themselves or on behalf of a victimized employee. Victims are eligible if any of the following types of abuse occur at their place of employment:

• Unlawful violence
• Credible threats of violence
• Stalking or harassment

The employee can’t file for a workplace violence superior court restraining order, but they can request one through the HR department or their boss. Relief can take the form of a restraining order, a preliminary injunction, or an injunction and include the following provisions:

• Ordering the defendant not to visit, assault, molest, or otherwise interfere with the employer, employee, or the employer’s operations at the worksite
• Ordering the defendant to cease stalking at the employer’s worksite
• Ordering the defendant to cease harassment at the employer’s worksite
• Ordering the defendant not to abuse or injure the employer, employee(s), or invitee(s) at the employer’s worksite
• Ordering the defendant not to telephone the employer, employee(s), or invitee(s) at the employer’s worksite

The court can include other provisions it considers necessary. Duration is up to the court.

Extreme Risk Protection Order (ERPO)

If someone has access to firearms and is considered a danger to themselves and others, an extreme risk protection order (ERPO) is an option. ERPOs are applied for by law enforcement officers in superior court. Family and household members can request assistance from law enforcement agencies if they have concerns about an individual.

If the court believes the respondent is an immediate threat, a temporary ERPO is issued. If the courts are closed, an emergency order can be issued by any available superior court judge. Once served with a copy of the order, the respondent must surrender their firearms and ammunition. A hearing is held within 14 days.

At the court date, the court will consider past behavior. The respondent can try to show why they’re not a threat. If the court finds that the respondent is a continuing danger to themselves and others, a final ERPO is issued. It lasts up to a year and is renewable.

No-Contact Orders

No-contact orders are a bit of common sense in Rhode Island. In court proceedings involving domestic violence offenses, the court issues an automatic no-contact order. This often occurs at the arraignment and as part of any bond agreement. The defendant is forbidden from having contact with the victim or witness for the duration of the proceedings and sentencing.

Rhode Island Protective Orders Laws: Getting an Order

Only two of the available restraining orders in Rhode Island are procured by the victims. Let’s focus on those. Here’s the process involved with getting domestic violence restraining orders and sexual assault protection orders.

The first step is filling out a petition and an affidavit. Custody and other issues may require other forms as well. Forms are available at the court clerk’s office or downloadable online for either district court or family court. If possible, have a domestic violence advocate help you with the filing. Their experience makes them an invaluable resource.

If you’re in danger of imminent harm, call 911. If the courts are closed, an officer at the local police department can help you get an emergency restraining order. You (petitioner) can also apply for one at any district or family court that has a judge available. Emergency orders remain in effect until the end of the next business day. You’re protected until you can submit a petition for a temporary order.

If the courts are open, submit your petition to the court clerk. There’s no charge for filing for a restraining order. The clerk takes the petition to a judge. You may have to answer additional questions as the judge assesses the threat level. If the court agrees that the respondent (abuser) is a present danger, a temporary order is issued.

Temporary orders are issued ex parte. This means the respondent is not contacted before issuance. Law enforcement will serve a copy of the order to the respondent, making it enforceable. A temporary order lasts up to 21 days or until a final court hearing.

If the respondent opposes the order, a court hearing settles the matter. Each party can call witnesses, present evidence, and tell their side of the story. If the petitioner proves the respondent is an ongoing threat, a final order is issued. Regardless of whether it’s for domestic violence or sexual assault, the final order lasts up to three years and is renewable.

Protective and restraining orders issued in Rhode Island are good anywhere in the country under federal law. This includes tribal reservations and territories.

Rhode Island Protective Orders Laws: Violation of Order Penalties

A restraining order is only as strong as the sanctions it carries. If an abuser doesn’t fear the repercussions of their actions, the victim’s torment may continue. Rhode Island backs its orders with stiff penalties designed to deter further abuse. Any violation of an order of protection in Rhode Island is a misdemeanor with up to a year in jail and a fine of up to $1,000 for each transgression.

The court can order the violator to attend counseling. These penalties are in addition to any sentences for the crimes committed during the violation. The offender can also face contempt of court charges. Victims should call law enforcement whenever their abuse violates or threatens to violate their protection order.

Order Transmission to Law Enforcement

When an order is issued, it will be transmitted to the Bureau of Criminal Identification by the end of the same day. This pertains to all orders issued by district courts, superior courts, family courts, police departments, and bail commissioners. In the order, the following will be listed:

• Terms of the order
• Date of issuance
• Date of the second hearing, if there is a second hearing
• The parties’ dates of birth
• Expiration date of the order

If you have a restraining order, it’s a good idea to keep a copy of it with you at all times.

Rhode Island Protective Order Laws: Related Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Domestic Violence Restraining Order FAQ
• Domestic Violence Resources – Rhode Island Coalition Against Domestic Violence
• Rhode Island Courthouse Locations and Directions
• Rhode Island Family Law on Domestic Violence

Issues With Protective Orders in Rhode Island? Speak to an Attorney

If you’re the victim of domestic violence, navigating the road to freedom is both frightening and confusing. To get assistance with restraining orders, talk to a Rhode Island family law attorney. They’ll ensure you have access to protections and programs that can lead to a better life.

If you’re facing criminal charges for violation of a protective order, you are going to need serious legal assistance. A qualified Rhode Island criminal defense attorney can put their experience with criminal cases to work for you. They’ll examine your case, explain your options, and stand with you in court.