Restraining Orders

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)