“Sexual exploitation” is defined as when anyone, regardless of his/her relationship to the child knowingly or willfully does –or attempts to do– any of the following:

• encourages, helps, or coerces a minor child to commit a “commercial sex act” by recruiting, employing, enticing, soliciting, isolating, harboring, transporting, providing, persuading, obtaining, or maintaining the minor child;
• encourages, helps, or coerces a minor child to do a “sexually explicit performance” by recruiting, employing, enticing, soliciting, isolating, harboring, transporting, providing, persuading, obtaining, or maintaining the minor child;
• sells or purchases a minor for the purposes of “commercial sex acts” or encourages, helps, or coerces a minor child into doing so.¹

A commercial sex act is defined as any sex act or sexually explicit performance in which anything of value is given, promised, or received, either directly or indirectly, by any person.²

A sexually explicit performance is defined as an act or show, intended to arouse, satisfy the sexual desires of, or appeal to the sexual interests of the viewer. The performance can be done publicly or privately and can be performed live or photographed, recorded, or videotaped.³

¹ RI Gen Laws § 15-15-1(8)(i)
² RI Gen Laws § 15-15-1(8)(i)(A)
³ RI Gen Laws § 15-15-1(8)(i)(B)

The things that a judge can order in a restraining order depends, in part, on who you are filing against and which court you are filing in (district court or family court). To figure out which court you have to file in, go to Am I eligible? Do I file in family court or district court?

If you get a restraining order in district court, the judge can order the abuser to:

• stop contacting you, assaulting you, harassing you, or interfering with you in any way at home, on the street, or elsewhere;
• vacate (leave) the household immediately if you live together, unless the defendant has sole legal interest in the household (i.e., s/he is the only owner or legal tenant of the home);
• not buy or receive (or attempt to buy or receive) any firearms while the order is in effect and hand over any firearms in his/her possession within 24 hours of receiving notice of the protective order. The abuser would then have to file proof with the court with 72 hours that s/he properly surrendered the firearms or that s/he does not have any firearms. The firearms can be given to the Rhode Island state police or local police department or to a federally-licensed firearms dealer.¹ For more information about what happens after surrendering the firearms, go to If the abuser’s gun is taken away as part of my restraining order, what will happen to it?

Note: These firearms restrictions do not apply if the abuser is a peace officer (law enforcement officer), active member of the military, or in any other position where s/he is required by law or departmental policy to carry departmental firearms while on duty. For these defendants, they can have a firearm only during the course of their employment and at all other times, it must be stored at the place of employment.²

If you get a restraining order in family court, the judge can:

• order the abuser to stop contacting you, assaulting you, harassing you, sexually exploiting you (if you are a minor child), or interfering with you in any way at home, on the street, or elsewhere;
• order the abuser to vacate the household immediately if you live together; Note: Unlike in district court, it doesn’t matter if s/he has sole legal interest in the home;
• award you temporary custody of your minor children;
• include terms in the order to ensure the safety and welfare of all household animals and pets;
• ordering either you or the abuser to pay child support for up to 90 days (only after notice to the respondent and a hearing); and
• not buy or receive (or attempt to buy or receive) any firearms while the order is in effect and hand over any firearms in his/her possession within 24 hours of receiving notice of the protective order. The abuser would then have to file proof with the court with 72 hours that s/he properly surrendered the firearms or that s/he does not have any firearms. The firearms can be given to the Rhode Island state police or local police department or to a federally-licensed firearms dealer.³ For more information about what happens after surrendering the firearms, go to If the abuser’s gun is taken away as part of my restraining order, what will happen to it?

Note: These firearms restrictions do not apply if the abuser is a peace officer (law enforcement officer), active member of the military, or in any other position where s/he is required by law or departmental policy to carry departmental firearms while on duty. For these defendants, they can have a firearm only during the course of their employment and at all other times, it must be stored at the place of employment.⁴

¹ RI Gen. Laws § 8-8.1-3(a), (m)
² RI Gen. Laws § 8-8.1-3(k)
³ RI Gen. Laws § 15-15-3(a), (k)
⁴ RI Gen. Laws § 15-15-3(b)

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

Your eligibility in filing for a restraining order depends upon whether you meet the legal definition of domestic abuse and what your relationship is to the abuser. Your relationship also determines whether you file in family court or district court.

Family Court
You can be eligible to file for a restraining order in family court if:

1. you or your minor child has been the victim of an act of domestic abuse, as defined by law, committed by:
   • a spouse or former spouse;
   • a parent or step-parent;
   • a child or step-child;
   • a present or former family member;
   • someone related to you by blood or marriage (e.g., a brother-in-law or uncle);
   • someone with whom you have a child in common; or
   • someone you have dated seriously or been engaged to within the past one year, if at least one of you is a minor;
   • someone you have dated seriously or been engaged to within the past one year, if you are both adults and you have a minor child on your own or with the abuser;
2. your minor child is the victim and the abuser is not related to your child by blood or marriage;
3. the domestic abuse is committed between or against minor children of serious dating partners; or
4. anyone, regardless of the relationship, has sexually exploited a minor child. In that case, the minor child can qualify for a restraining order.¹

District Court
You may be eligible to file for a restraining order in district court if you or your minor child has been the victim of an act of domestic abuse, as defined by law, as long as:

1. you are the victim and you and the abuser are/were cohabitants, which means that all of the following are true:
   • you are not related by blood or marriage;
   • do not have a child together;
   • you are both adults (or emancipated minors); and
   • you lived together at some point within the past three years regardless of whether you were romantically involved with the abuser or not; or
2. you are the victim and the abuser is someone you are or have been in a serious dating or engagement relationship with in the past one year if you are both adults and you do not have any minor children.²

If you are not eligible for a family or district court restraining order, you may be able to get protection through a no-contact order or a workplace restraining order. See What if I don’t qualify for a restraining order? for more information.

¹ RI Gen. Laws §§ 15-15-1(4), (7), (8), 15-15-3(a)
² RI Gen. Laws § 8-8.1-1(1), (3), (5)

In Rhode Island, you may apply for a restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible? Do I file in family court or district court? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Rhode Island?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

If you don’t qualify for a restraining order, there may still be other options for you. First, remember that the abuser may be committing a crime, which you can report to the police and s/he may be arrested. If s/he is arrested and prosecuted for a crime involving domestic violence (see list below), the judge will issue a no contact order when s/he is arraigned (formally charged in court). The no contact order would prohibit him/her from having any contact with you. You do not have to file for the order yourself – the judge would issue it on your behalf without you being present.¹

The following crimes are considered domestic violence crimes when committed by your family or household member and could result in you getting a no contact order if the abuser is arrested:

• Simple assault
• Felony assault
• Vandalism
• Disorderly conduct
• Trespass
• Kidnapping
• Childsnatching
• Sexual Assault
• Homicide
• Violation of Protective Order
• Stalking
• Damage or obstruct a telephone
• Burglary and unlawful entry
• Arson
• Cyberstalking and cyberharassment
• Domestic assault by strangulation
• Electronic tracking of motor vehicles.²

Note: “Family or household member” means spouses, former spouses, adults related by blood or marriage, adults who are presently living together or who have lived together at some point in the past 3 years, and people who have a child in common together (regardless of whether they have been married or have lived together), or people who are or have been in a serious dating or engagement relationship within the past year.³

Another way to get a restraining order could be through your employer who can file for a workplace restraining order based on violence, threats, or stalking committed against you by anyone, regardless of your relationship to that person. Go to our Workplace Restraining Orders page for more information.

You can also visit our Safety Planning page for ways to increase your safety. If you are being stalked or harassed, you can also go to our Stalking/Cyberstalking page to learn more about stalking in general and for additional resources. Aside from physical abuse and stalking, if you are being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options and offer you support. See RI Advocates and Shelters for contact information.

¹ RI Gen. Laws § 12-29-4(a)(1)
² RI Gen. Laws § 12-29-2(a)
³ RI Gen. Laws § 12-29-2(b)

To start your case, you will go to either the family court or district court in the county where you live or are currently staying. You will get the necessary forms from the clerk at the courthouse and fill them out. To find contact information for the courthouse in your area, go to our RI Courthouse Locations page.

You can find the forms from the clerk at the courthouse, but you may want to get the forms from our RI Download Court Forms page and find them before you go and fill them out at home or with an advocate from a shelter or local organization.

Most shelters and other domestic violence organizations can provide support for you while you fill out these papers and go to court. Please visit RI Advocates and Shelters page to find help in your area.

After you finish filling out your application for the restraining order, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your complaint. Based on what you write in the complaint, the judge will decide whether to issue an immediate temporary order. The decision will be based on whether or not you and/or your child is at risk for immediate and severe injury, damage or loss. The judge will then set a date for a hearing for the final order. You will be given papers that state the time and date of your hearing for a final order. The hearing should be scheduled to happen within 21 days.¹

Note: If you received a temporary order, you should keep a copy of it with you at all times.

¹ RI Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)

If you do not go to the hearing, your temporary order will expire. If the abuser does not show up for the hearing, the judge may still grant you a final restraining order if the “return of service” form was received by the court or the judge may reschedule the hearing.

You may have to prove that you have the required relationship to the defendant, especially if the defendant denies the relationship. To prove a serious dating relationship, for example, the judge will look at:

• the length of time of the relationship;
• the type of relationship you had; and
• how often you both interacted with each other.¹

You may want to think through how you would prove these factors ahead of time in case the defendant tries to deny that you had a serious dating relationship. For example, you may want to bring cards or love letters s/he wrote to you, loving voicemails or texts, witnesses who can testify about your relationship, etc.

For additional tips, see the At the Hearing page for ways you can show the judge that you were abused. You may want to strongly consider getting a lawyer to help with your case, especially if the abuser has a lawyer. If the abuser shows up with a lawyer, you can ask the judge for a “continuance” (a later court date) so that you have time to find a lawyer. To find a lawyer in your area, please visit the RI Finding a Lawyer page.

¹ RI Gen. Laws §§ 8-8.1-1(5); 15-15-1(10)

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• first, read the questions on this page to see if judges in Rhode Island have to power to remove guns as part of a temporary or final order;
• second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
• third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website. 

Here are some things you may want to consider doing.  However, you will have to evaluate each one to see if it works for your situation.

• Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk how to correct the order before you leave.
• Make several copies of the restraining order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks (if permitted by law) and your phone number.

One week after court, you may want to call your local law enforcement offices to make sure they have received copies of the restraining order from the clerk.

You may also wish to make a safety plan.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey restraining orders, but some do not, and it is important to build on the things you have already been doing to keep yourself safe.  Click on the following link for suggestions on Safety Planning.  Also, advocates at local domestic violence organizations can assist you in designing a safety plan and can provide other forms of support.  To find a shelter or advocate in your area please visit the RI Advocates and Shelters page.

Violating a restraining order can be a crime. There are two main ways to get help if the abuser violates your order.

1. Through the Police or Sheriff (Criminal System)
If the defendant violates the restraining order, you can call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a restraining order and the defendant is violating it. If the defendant is arrested, then the Attorney General can prosecute the abuser because it is a crime to violate a restraining order. If found guilty of a violation of a restraining order, the defendant can be punished by a fine of as much as $1,000 and/or by up to 1 year in jail, and may be ordered to attend counseling.¹

2. Through the Civil Court System (Civil System)
You may file for civil contempt for a violation of the order. The abuser can be “held in civil contempt” if s/he or she does anything that your restraining order orders him/her not to do. To file for civil contempt, go to the clerk’s office and ask for the forms.

¹ See RI Gen. Laws §§ 8-8.1-7; 15-15-7

Whether you move within Rhode Island or to another US state or territory, your order will still be valid and enforceable.  You might want to call the court clerk to change your address in the court file so that you can be contacted if the abuser files for a modification or if the court needs to reach you for any reason.  However, be sure to ask the clerk that your address be kept confidential if the abuser doesn’t know where you will be living.

Note: If you are moving to a military installation, see our Military Protective Orders for information on enforcing a civil protection order on a military installation.

Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone you have a domestic violence restraining order against, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.

For the purposes of getting a sexual assault protective order, “sexual assault” is defined as:

• sexual assault in the 1^st, 2^nd, or 3^rd degree;
• child molestation in the 1^st or 2^nd degree; or
• stalking.¹

¹ RI Gen. Laws § 11-37.2-2(a)

In a sexual assault protective order, a judge can order that the respondent not:

• contact you;
• assault you;
• molest you; and
• interfere with you at home, on the street, or anywhere else.¹

¹ RI Gen. Laws § 11-37.2-2(a)

You can file for a sexual assault restraining order if you are a victim of sexual assault, child molestation, or stalking. You do not need to have a family or household relationship with the abuser to qualify for the order.¹ If the abuser is a former or current intimate partner, then you may qualify for a domestic violence restraining order instead.

¹ RI Gen. Laws § 11-37.2-2(a)

The steps to get a sexual assault protective order are similar to the steps to get a domestic violence restraining order, but you may fill out different paperwork. If you have questions, you can call the clerk of court or talk to a lawyer. You can find the contact information for local courthouses on the RI Courthouse Locations page and for lawyers on the RI Finding a Lawyer page.

Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone you have a sexual assault protective order against, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.

A law enforcement agency can file for an extreme risk protection order if the respondent poses a significant danger of causing personal injury to himself/herself or another person by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.¹

If you are a person who is concerned about the safety of someone else but cannot file to have his/her firearms removed, you may be able to speak to a law enforcement officer or agency to let them know of your concern and ask that they file for an extreme risk protection order to have the firearms removed.

¹ 8 R.I. Gen. Laws §§ 8-8.3-3(c); 8-8.3-1

In an extreme risk protective order, the judge can order that the respondent not get, attempt to get, buy, or attempt to buy any firearms. The order will also instruct the respondent to give up any firearms that s/he has in his/her custody, control, or possession.¹

¹ 8 R.I. Gen. Laws § 8-8.3-5(a), (f)(6)

The steps to get an extreme risk protection order are similar to the steps to get a domestic violence restraining order, but the petitioner (a law enforcement agency) will fill out different forms. Extreme risk protection order petitions should be filed in the county where the respondent lives. There are no fees to file for an order.¹

The petition should include the specific statements, actions, or facts that support the petitioner’s belief that the respondent poses a significant risk of danger to himself/herself or others by having a firearm in his/her custody or control or by purchasing, possessing, or receiving a firearm. The petition must also include a written affidavit (sworn statement) signed by the petitioner.² If the petitioner knows the respondent has firearms, the petition should include the number, types, and locations of the firearms if the petitioner knows.³

¹ 8 R.I. Gen. Laws § 8-8.3-2
² 8 R.I. Gen. Laws § 8-8.3-3(d), (e)
³ 8 R.I. Gen. Laws § 8-8.3-3(f)

The petitioner, a law enforcement agency, can request to renew a one-year extreme risk protection order by filing a motion with the court. The petitioner must file the motion within 14 days of the order’s expiration date.¹ The court will schedule a hearing within 14 days of the date that the motion is filed. The respondent must be personally served with notice of the motion.²

When deciding whether to renew a one-year extreme risk protection order, the judge will consider the same factors considered when issuing the original order. The judge may also consider if the respondent has followed the judge’s orders for mental health and substance abuse evaluation. If the judge decides that the order should be renewed, s/he can issue the order for an additional one-year period.³

¹ 8 R.I. Gen. Laws § 8-8.3-7(c)
² 8 R.I. Gen. Laws § 8-8.3-7(c)(1)
³ 8 R.I. Gen. Laws § 8-8.3-7(c)(3), (c)(4)

If you were the person who asked for the extreme risk protection order, you can ask the law enforcement agency holding the gun to notify you before the gun is returned to the respondent. You or the judge can also ask the law enforcement agency to notify any “interested party,” for example, the respondent’s family or someone the respondent lives with.¹

¹ RI Gen. Laws § 8-8.3-8(b)

A restraining order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

Custody, visitation, and child support provisions that are included in a domestic violence restraining order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.

It does not cost anything to register your order.