Law Office of Paul Corrigan III

Restraining Orders

There are two types of Family Court restraining orders: Complaint from Protection from Abuse and a civil restraining order. In a Complaint from Protection from Abuse, the Court has jurisdiction to issue a restraining order for up to 3 years. Violation of a Rhode Island Complaint for Protection from Abuse restraining order is a crime. A violation of civil restraining order is not a crime but is punishable by contempt. Civil restraining orders are not nearly as effective as a Complaint for Protection from Abuse restraining order and, when sought, are typically part of a divorce.

In a Complaint for Protection from Abuse, the Family Court can award temporary child support, visitation, and temporary custody of children. The Court can also award visitation, and in some instances, may order supervised visitation. The Court can order that the Defendant vacate and remain out of the household. The Court can also order that a person takes batterer's classes or drug and alcohol counseling and/or drug and alcohol testing.

If the restraining order is requested against a current or ex-boyfriend or girlfriend who you have had a substantive relationship with and with whom you have a child, then the request for restraining order will be in the jurisdiction of the Family Court. If you do not have a child in this case, the proper forum is District Court.