We represent individuals seeking protection and those who have been served
A restraining order — also called an order of protection — is a court order that restricts one person's contact with or proximity to another. In Rhode Island, restraining orders are most commonly issued in connection with domestic violence, harassment, or stalking situations. At Bank & Munns, our Rhode Island restraining order attorneys represent both individuals seeking protection and those who have been served with a restraining order and need experienced legal defense. A Rhode Island Restraining Order Attorney from Bank & Munns is available 24/7 at 401-573-2265 for a free consultation.
What Is a Restraining Order in Rhode Island?
A restraining order is a legally binding court order that requires a person to stop certain behaviors — most commonly, to have no contact with the person who filed the order and to stay away from their home, workplace, or school. In Rhode Island, restraining orders are governed by the Domestic Violence Prevention Act and related statutes, and are handled primarily in Family Court or District Court depending on the relationship between the parties.
Restraining orders in Rhode Island typically restrict the named party from:
- Contacting the protected person by phone, text, email, or social media
- Coming within a specified distance of the protected person
- Visiting the protected person's home, workplace, or school
- Possessing firearms or other weapons
- In some cases, remaining in or returning to a shared residence
Violating a restraining order in Rhode Island is a criminal offense that can result in immediate arrest, criminal charges, and incarceration. If you have been served with a restraining order, it is critical that you understand exactly what the order prohibits and contact a Rhode Island Restraining Order Attorney from Bank & Munns immediately.
Types of Restraining Orders in Rhode Island
Temporary Restraining Order (TRO)
A temporary restraining order is issued on an emergency basis, often without the other party present in court. A judge can grant a TRO the same day it is requested if there is sufficient evidence of immediate danger or domestic violence. A TRO is short-term — typically lasting until a full hearing can be scheduled, usually within 21 days.
Permanent Restraining Order
After a TRO is issued, the court schedules a full hearing where both parties have the opportunity to present evidence and testimony. If the judge determines that a continuing order is necessary, a permanent restraining order — which can last for years or indefinitely — may be entered. Both sides have the right to legal representation at this hearing, and the outcome can have significant long-term consequences.
No-Contact Order
A no-contact order is typically issued as part of a criminal case rather than a civil family court proceeding. It restricts contact between a defendant and an alleged victim as a condition of bail or probation. For information about no-contact order violations, see our no-contact order page.
Who Can File a Restraining Order in Rhode Island?
In Rhode Island, a restraining order can be filed by someone who has experienced domestic violence, threats, harassment, or abuse at the hands of a person with whom they have a qualifying relationship, including:
- A current or former spouse
- A current or former dating partner
- A person they share a child with
- A household member or former household member
- A relative by blood or marriage
Rhode Island also has separate statutes that allow individuals to seek protection from stalking or harassment even when the parties do not share a qualifying domestic relationship.
7 Things to Know About Restraining Orders in Rhode Island
- A TRO can be issued the same day without you present. Rhode Island courts can grant a temporary restraining order on an emergency basis based solely on the petitioner's testimony and evidence, without notifying or hearing from the other party first. If you are served with a TRO, you will have the opportunity to contest it at a full hearing.
- The full hearing is your opportunity to fight back. At the hearing scheduled after a TRO is issued, both parties can present evidence and testimony. This is where the order is either made permanent or dismissed. Having an attorney at this hearing is critical — the outcome can affect your housing, your access to your children, and your record.
- Violating a restraining order is a criminal offense. If you have been served with a restraining order, you must comply with every condition immediately and completely. Even indirect contact — such as having a third party deliver a message — can constitute a violation. Violations can result in immediate arrest and criminal charges.
- A restraining order can affect your child custody arrangement. If a restraining order is entered against you, it may restrict your access to your children or impact existing child custody and visitation arrangements. Conversely, if you are seeking a restraining order against an abusive co-parent, the order can help protect your children as well.
- False or exaggerated restraining orders do happen. In contentious divorce or custody disputes, restraining orders are sometimes sought without legitimate cause. If you believe a restraining order against you is based on false allegations, you have the right to contest it at the hearing and present evidence in your defense.
- Restraining orders can be modified or terminated. Either party can petition the court to modify or terminate a restraining order if circumstances have changed. The petitioner can request to dissolve an order they no longer need. The respondent can request termination if the basis for the order no longer exists.
- Firearms must be surrendered immediately. Rhode Island law requires a person served with a domestic violence restraining order to surrender all firearms and ammunition to law enforcement. Failure to do so is a separate criminal offense with serious consequences.
If You Need to File a Restraining Order in Rhode Island
If you are in immediate danger, call 911. If you need to seek a restraining order in Rhode Island, the process begins with filing a petition in Family Court or District Court. A judge will review your petition and, if sufficient cause is shown, issue a temporary restraining order the same day.
Our attorneys can help you:
- Prepare and file your restraining order petition
- Present the strongest possible evidence at your hearing
- Address related matters including child custody and child support affected by the order
- Ensure the order is properly enforced if violated
If You Have Been Served With a Restraining Order in Rhode Island
Being served with a restraining order — even a temporary one — is a serious legal matter with immediate and potentially long-term consequences. The hearing that follows is your opportunity to tell your side of the story. Without legal representation, you are at a significant disadvantage.
At the hearing, our attorneys can:
- Challenge the factual basis for the restraining order
- Cross-examine the petitioner and any witnesses
- Present evidence and testimony in your defense
- Argue for the order to be dismissed, limited in scope, or modified
- Protect your access to your home and your children
- Prevent a permanent order from being entered on your record
Do not attend the hearing without an attorney. Contact Bank & Munns immediately at 401-573-2265.
Frequently Asked Questions — Rhode Island Restraining Order Attorney
Contact a Rhode Island Restraining Order Attorney at Bank & Munns
Whether you need to file a restraining order for protection or you have been served with one and need to defend your rights, the attorneys at Bank & Munns are ready to help. We represent both sides and understand that the stakes on each are equally high.
We offer a free consultation and are available 24 hours a day, 7 days a week. Call 401-573-2265 or contact us online to speak to a Rhode Island Restraining Order Attorney from Bank & Munns today.