Under Rhode Island law, taking out a restraining order (Complaint for Protection from Abuse) against a spouse, former spouse, a family member or the mother/father of your child is a relatively simple process. Typically, when a person is in fear for their immediate safety, they can request a restraining order by filling out an affidavit and some additional paperwork at the courthouse. A temporary restraining can be issued by the judge if the allegations meet one of the statutory grounds. If the restraining order is granted, a hearing will be scheduled to determine whether the order should be extended. At the hearing date, evidence and testimony can be introduced to substantiate or refute the grounds for the restraining order.
At the Law Office of Devane, Fogarty & Ribezzo, we represent clients who are in need of a restraining order, as well as those who suddenly find themselves defending against a restraining order.
While a restraining order may not be completely effective in preventing domestic violence, it does notify law enforcement and the court about your situation. Should a restraining order be violated, the authorities can immediately arrest and detain the person threatening you. Additionally, violation of a restraining order can result in criminal charges, jail, fines, and a permanent criminal record. While a restraining order may not ultimately prevent violence, it does involve law enforcement early on, making it more difficult for someone to harm you.
We Offer Free Consultations
If you would like to speak with an attorney about a restraining order, call the Law Office of Devane, Fogarty & Ribezzo to schedule a free consultation at our West Warwick office. During the free consultation, we will listen to your situation, explain the process to you and give you information about your case and what to expect.
