How to Get a Restraining Order in Rhode Island
In Rhode Island these are called Protective order / restraining order (Family Court domestic abuse order; District Court order; Superior Court civil restraining order). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Rhode Island
- Cost
- No filing fee for a Family Court domestic abuse complaint. Family and District Court orders are free; serving a defendant who lives out of state may cost money depending on that state. Superior Court orders have a fee. R.I. Gen. Laws § 15-15-2(c); RICADV Restraining Orders page
- Emergency / temporary orders
- The court can issue a temporary order without notice to the defendant if facts show immediate and irreparable harm. It lasts up to 21 days (unless extended) and a hearing is set. R.I. Gen. Laws § 15-15-4(a)(2), (b)(4)
- How long an order lasts
- Relief is for a fixed period of up to 3 years. Before it ends, the plaintiff can ask the court to extend it for as long as needed to protect against abuse. Either party can ask to modify it. R.I. Gen. Laws § 15-15-3(m)(2)
- Where to ask
- Family Court cases are filed in the family court of the county where you live. If you left home to avoid abuse, you can file where you used to live or where you live now; there is no minimum residency time. R.I. Gen. Laws §§ 15-15-2(a), (d), 15-15-4(b)
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Rhode Island has domestic abuse protective orders (restraining orders) in Family Court for family members, people with a child in common, and minors in dating relationships; District Court orders for adults who live or lived together within the past 3 years or dated within the past year; and Superior Court civil restraining orders for people who do not fit either group. Criminal cases can also lead to a No Contact Order. Court-by-relationship summary is also on the state coalition page: https://ricadv.org/restraining-orders/ |
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| Who can ask for an order | Family Court: domestic abuse between current or former spouses, people related by blood or marriage, parents of a child in common, a parent's minor child the defendant is not related to, adults in a substantive dating or engagement relationship within the past year who are parents of minor children, and dating or engaged couples within the past year where at least one is a minor. A parent, custodian or guardian can file for a minor child. People who are not married or related but lived together within the past 3 years, or dated within the past year, can go to District Court. |
| Where to ask | Family Court cases are filed in the family court of the county where you live. If you left home to avoid abuse, you can file where you used to live or where you live now; there is no minimum residency time. After hours, a Family Court judge can grant an emergency order by phone through a police officer, and a District Court judge can grant relief when the Family Court is not in session. |
| Cost | No filing fee for a Family Court domestic abuse complaint. Family and District Court orders are free; serving a defendant who lives out of state may cost money depending on that state. Superior Court orders have a fee. |
Emergency orders and the hearing
| Emergency / temporary orders | The court can issue a temporary order without notice to the defendant if facts show immediate and irreparable harm. It lasts up to 21 days (unless extended) and a hearing is set. An after-hours order granted by phone expires at the close of the next business day unless the judge sets a longer time. |
|---|---|
| Serving the order | The clerk sends a certified copy of the order to the police department you choose and gives you two certified copies. If the order has not been served, a police officer gives the defendant notice by handing them a certified copy. |
| The court hearing | When a temporary order is issued without notice, the case is set for a hearing within a reasonable time (the temporary order lasts up to 21 days, which allows time for service). At the hearing the plaintiff asks for a protective order; if the plaintiff does not go forward, the temporary order is dissolved. Source: R.I. Gen. Laws § 15-15-4(a)(2) |
| How long an order lasts | Relief is for a fixed period of up to 3 years. Before it ends, the plaintiff can ask the court to extend it for as long as needed to protect against abuse. Either party can ask to modify it. Source: R.I. Gen. Laws § 15-15-3(m)(2) |
What the order does
| What an order can require | The court can order the defendant not to contact, assault, molest or interfere with you anywhere; to leave the home immediately, with provisions for the safety of household animals and pets; award you custody of minor children; require the defendant to surrender firearms; and, after a hearing, order child support for up to 90 days. A police officer can accompany you to get possession of the home. |
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| Firearms | The court can order the defendant to surrender all firearms within 24 hours of notice of the order to the state police, local police, or a licensed firearms dealer, and not to buy or receive firearms while the order is in effect. Within 72 hours of service, the defendant must file a receipt or swear they have no firearms. A hearing is held within 15 days of surrender. |
| If the order is violated | Violating a protective order after actual notice is a misdemeanor punishable by up to a $1,000 fine and/or up to 1 year in jail, plus other domestic violence penalties. It can also be contempt of court. District Court handles adult violations. Superior Court civil restraining order violations are civil, not arrestable offenses. |
Children and privacy
| Minors and children | A parent, custodian or legal guardian (or DCYF for a child in its custody) can file on behalf of a minor child. Dating or engaged couples within the past year where at least one person is a minor can use Family Court. |
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| Keeping your address private | The Rhode Island Department of State (Secretary of State) runs the Address Confidentiality Program, which gives survivors of domestic violence or abuse who have moved, or are about to move, a substitute P.O. Box address with free mail forwarding. For help call 401-222-5149. |
Forms and help in Rhode Island
- Rhode Island Coalition Against Domestic Violence (24/7 statewide helpline) — 1-800-494-8100
- Free legal aid in Rhode Island
Rhode Island protective order FAQ
What kinds of protective orders are available in Rhode Island?
Rhode Island has domestic abuse protective orders (restraining orders) in Family Court for family members, people with a child in common, and minors in dating relationships; District Court orders for adults who live or lived together within the past 3 years or dated within the past year; and Superior Court civil restraining orders for people who do not fit either group. Criminal cases can also lead to a No Contact Order.
Who can get a restraining order in Rhode Island?
Family Court: domestic abuse between current or former spouses, people related by blood or marriage, parents of a child in common, a parent's minor child the defendant is not related to, adults in a substantive dating or engagement relationship within the past year who are parents of minor children, and dating or engaged couples within the past year where at least one is a minor. A parent, custodian or guardian can file for a minor child. People who are not married or related but lived together within the past 3 years, or dated within the past year, can go to District Court.
Where do I file for a restraining order in Rhode Island?
Family Court cases are filed in the family court of the county where you live. If you left home to avoid abuse, you can file where you used to live or where you live now; there is no minimum residency time. After hours, a Family Court judge can grant an emergency order by phone through a police officer, and a District Court judge can grant relief when the Family Court is not in session.
Does it cost money to get a restraining order in Rhode Island?
No filing fee for a Family Court domestic abuse complaint. Family and District Court orders are free; serving a defendant who lives out of state may cost money depending on that state. Superior Court orders have a fee.
How fast can I get an emergency protective order in Rhode Island?
The court can issue a temporary order without notice to the defendant if facts show immediate and irreparable harm. It lasts up to 21 days (unless extended) and a hearing is set. An after-hours order granted by phone expires at the close of the next business day unless the judge sets a longer time.
What happens at the restraining order hearing in Rhode Island?
When a temporary order is issued without notice, the case is set for a hearing within a reasonable time (the temporary order lasts up to 21 days, which allows time for service). At the hearing the plaintiff asks for a protective order; if the plaintiff does not go forward, the temporary order is dissolved.
How long does a restraining order last in Rhode Island?
Relief is for a fixed period of up to 3 years. Before it ends, the plaintiff can ask the court to extend it for as long as needed to protect against abuse. Either party can ask to modify it.
What can a protective order do in Rhode Island?
The court can order the defendant not to contact, assault, molest or interfere with you anywhere; to leave the home immediately, with provisions for the safety of household animals and pets; award you custody of minor children; require the defendant to surrender firearms; and, after a hearing, order child support for up to 90 days. A police officer can accompany you to get possession of the home.
Does a protective order affect firearms in Rhode Island?
The court can order the defendant to surrender all firearms within 24 hours of notice of the order to the state police, local police, or a licensed firearms dealer, and not to buy or receive firearms while the order is in effect. Within 72 hours of service, the defendant must file a receipt or swear they have no firearms. A hearing is held within 15 days of surrender.
How is a restraining order served in Rhode Island?
The clerk sends a certified copy of the order to the police department you choose and gives you two certified copies. If the order has not been served, a police officer gives the defendant notice by handing them a certified copy.
What happens if someone violates a protective order in Rhode Island?
Violating a protective order after actual notice is a misdemeanor punishable by up to a $1,000 fine and/or up to 1 year in jail, plus other domestic violence penalties. It can also be contempt of court. District Court handles adult violations. Superior Court civil restraining order violations are civil, not arrestable offenses.
Can a minor get a restraining order in Rhode Island?
A parent, custodian or legal guardian (or DCYF for a child in its custody) can file on behalf of a minor child. Dating or engaged couples within the past year where at least one person is a minor can use Family Court.
Can I keep my address confidential in Rhode Island?
The Rhode Island Department of State (Secretary of State) runs the Address Confidentiality Program, which gives survivors of domestic violence or abuse who have moved, or are about to move, a substitute P.O. Box address with free mail forwarding. For help call 401-222-5149.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.