Rhode Island Order Granting Protective Order
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FAQ
A Rhode Island No Contact Order will last the entire length of the criminal case, even during sentencing. The only way to drop one is at the request of the victim with judicial approval. Restraining orders, on the other hand, are handled in civil court. You can file for one whether or not criminal activity took place.
A restraining order can be sought whether or not there is a criminal case. Restraining orders can be issued when there has been physical or sexual abuse, threats of violence, or stalking.
A final restraining order lasts up to three years. You can also later file to have it extended for the length of time that the judge believes is necessary to protect you.
A sworn statement (affidavit) describing the facts of a recent or past incident(s) of abuse is required on the application or complaint form for a restraining order. It is also important to provide information about the abuser, such as work address, telephone, birth date and social security number.
To obtain a restraining order in Rhode Island, you'll need to fill out all the necessary paperwork in family or district court. This usually includes an affidavit describing the specific ways that the defendant physically or sexually abused you, threatened to abuse you, or stalked you.
There are no court fees associated with Family/District Court Restraining Orders. Service is also free if the Defendant resides in Rhode Island. There may be a service fee if he/she resides outside the state of Rhode Island.
Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
No Contact Order violation charges should not be taken lightly. If you violate a No Contact Order in Rhode Island, you face up to 1 year in prison for a first offense. For a third (or greater) offense, you can be charged with a felony, which carries a mandatory minimum sentence of 1 year in prison.
