Rhode Island Restraining Order Laws (2026): How to Get a Protective Order

In Rhode Island, a civil Domestic Abuse Restraining Order lets present and former family members, parents and stepparents, and certain dating partners who are parents of minor children ask the Family Court for protection under RIGL Chapter 15-15. Two other civil tracks run through the District Court: a domestic abuse restraining order under RIGL Chapter 8-8.1 for cohabitants, former cohabitants, and adult dating partners, and a protective order under RIGL Chapter 11-37.2 for victims of sexual assault or stalking, which has no relationship requirement at all. A final order on any of the three tracks lasts up to three years and can be extended.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Rhode Island

Rhode Island's best known civil protective order is the Domestic Abuse Restraining Order under RIGL Chapter 15-15. This order is available in Family Court and covers causing or attempting to cause physical harm, placing someone in fear of imminent serious physical harm, forcing someone into sexual relations, and stalking or cyberstalking, where the parties fall within the relationship categories listed in RIGL 15-15-1. It can include provisions ordering the respondent to vacate a shared home, stay away from the petitioner and their workplace, and have no contact whatsoever.

Rhode Island also has a second domestic abuse restraining order, this one in the District Court, under RIGL Chapter 8-8.1. RIGL 8-8.1-3(a) provides that "a person suffering from domestic abuse may file a complaint in the district court requesting any order that will protect them from the abuse." This track exists for the relationships the Family Court statute does not reach. RIGL 8-8.1-1 defines cohabitants as emancipated minors or persons 18 or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who live in the same quarters or have resided together within the preceding three years. The same chapter also covers persons who are or have been in a substantive dating or engagement relationship within the past year. Roommates, former roommates, and adult dating partners with no child in common file here. RIGL 8-8.1-4 supplies the same ex parte mechanism, with a temporary order capped at 21 days.

A third civil track protects victims of sexual assault and stalking, and it carries no relationship requirement whatsoever. Under RIGL 11-37.2-2(a), "a person who is a victim of sexual assault as defined in § 11-37-1, 11-37-2, 11-37-4, 11-37-6, 11-37-8.1, 11-37-8.3 or 11-59-2, may file a complaint in the district court." Section 11-59-2 is the stalking statute, and it is satisfied when a person harasses another. Filing is free and there is no minimum residence requirement (RIGL 11-37.2-1(a)), relief may run for a fixed period of up to three years and can be extended on the plaintiff's motion (RIGL 11-37.2-2(d)), and violating the order with actual notice is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both (RIGL 11-37.2-2(e)). If you are being stalked or harassed by a stranger, a neighbor, a coworker, or an acquaintance, this is your civil remedy, and it does not depend on any family or dating relationship.

A separate category of protective and no-contact orders can arise out of criminal proceedings under the Rhode Island Domestic Violence Prevention Act (RIGL Chapter 12-29). These criminal protective orders are issued by a judge as part of a criminal case, not through a civil petition. They run alongside, and sometimes in addition to, a civil restraining order.

Who can get a restraining order in Rhode Island?

Which court you file in depends on your relationship to the person you need protection from. RIGL 15-15-1 sets the qualifying relationships for a Family Court Domestic Abuse Restraining Order. The following people may petition for that order:

• Present or former family members, including current and former spouses
• Parents and stepparents
• A plaintiff parent's minor children to whom the defendant is not a blood relative or a relative by marriage
• Adult plaintiffs who are or have been in a substantive dating or engagement relationship within the past year and who are, either individually or together, parents of minor children
• Persons who are or have been in a substantive dating or engagement relationship within the past year in which at least one of the persons is a minor

Rhode Island courts look at the length of the relationship, the type of relationship, and the frequency of interaction between the parties when evaluating whether a dating or engagement relationship qualifies. The law requires the relationship to be substantive, not just a brief or casual acquaintance.

Read the last two bullets closely, because the limit in them is easy to miss. Under RIGL 15-15-1(4), a dating or engagement relationship gets you into Family Court only if one or both of you are parents of minor children, or if at least one of the two people is a minor. An adult dating partner with no minor child on either side does not file in Family Court. That petition belongs in District Court under Chapter 8-8.1, which covers substantive dating and engagement relationships within the past year without the minor-child condition.

Minor children can be named as protected parties in a parent's or guardian's petition. Any petitioner may include children in the household in the order's protections.

If your situation falls outside the Family Court categories, you still have a civil option. Cohabitants, former cohabitants who lived with the abuser within the past three years, and adult dating partners file in the District Court under RIGL Chapter 8-8.1. Victims of sexual assault or stalking, including stalking or harassment by someone they have no relationship with at all, file in the District Court under RIGL Chapter 11-37.2. A domestic violence advocate or the court self-help center can help you identify the right court and the right form.

How to file for a restraining order in Rhode Island

To file for a civil Domestic Abuse Restraining Order under Chapter 15-15, you submit a petition to the Rhode Island Family Court, which has a central courthouse in Providence and handles cases statewide. Petitions under Chapter 8-8.1 and Chapter 11-37.2 are filed in the District Court division where the moving party resides.

The two courts also split the work on an existing Chapter 15-15 order. Under RIGL 15-15-3(q), the District Court has criminal jurisdiction over all adult violations of the chapter, while the Family Court retains jurisdiction over all juvenile violations. On after-hours emergencies, RIGL 15-15-4(b)(1) gives the power to a family court judge: when the court is unavailable after the close of business, a family court judge may grant relief, which at the judge's discretion may be communicated by telephone to a law enforcement officer, and which expires at the close of the next business day unless the judge grants longer (RIGL 15-15-4(b)(4)). A district court judge may grant ex parte relief under this chapter only when there is no family court in session at a location where a division of the district court is in session (RIGL 15-15-4(b)(2)), which is a location-and-session condition rather than a general after-hours rule.

You cannot be charged to file. RIGL 15-15-2 provides that a party filing a complaint under Chapter 15-15 may do so "without payment of any filing fee," and RIGL 11-37.2-1(a) says the same for sexual assault and stalking protective orders. The federal Violence Against Women Act separately prohibits courts from charging a filing fee or a service fee for a domestic violence protective order.

When you submit your petition, you will be asked to complete forms explaining the relationship, the abuse or threat, and what protections you are seeking. The court self-help center can assist with completing forms, and a domestic violence advocate can accompany you to court at no charge. The Rhode Island Coalition Against Domestic Violence (1-800-494-8100) can connect you with a local advocate who is familiar with the process.

After you file, a judge can review your petition and, if you show immediate and irreparable danger, issue a temporary ex parte order the same day. Court staff will explain how and when the respondent will be served and set a date for the full hearing.

Temporary vs. final orders: how long they last

Rhode Island uses a two-stage process common to most states. First, the court can issue an emergency temporary order on an ex parte basis, meaning without the respondent present, if the petitioner's affidavit shows immediate and irreparable injury. That temporary order takes effect immediately and stays in place for up to 21 days, or until the full hearing, whichever is earlier. It can be extended if more time is needed to complete service on the respondent.

The second stage is the final order, issued after the respondent has received notice and both parties have had an opportunity to be heard at a hearing. After a hearing, the court can issue a final Domestic Abuse Restraining Order for a fixed period of up to three years. If you are heading into that hearing, have a Rhode Island family lawyer help you organize your evidence, starting with a free case evaluation (attorney advertising).

The District Court tracks follow the same shape. RIGL 8-8.1-4 caps a temporary order issued without notice at 21 days and directs that the hearing be set within a reasonable time, and both RIGL 8-8.1-3 and RIGL 11-37.2-2(d) allow a final order for a fixed period of up to three years that the court may extend on the plaintiff's motion.

If the respondent fails to appear at the hearing after being served, the court can still issue a final order. Once a final order is about to expire, the petitioner can return to court and petition for an extension, and the court may renew the order upon a showing that the threat or danger persists.

Firearms and a Rhode Island protective order

A Domestic Abuse Restraining Order in Rhode Island carries significant firearms consequences, and the core of them is mandatory rather than discretionary. Under RIGL 15-15-3, the respondent must surrender all firearms within 24 hours of notice of the protective order, and must then file proof of surrender or a sworn statement that they possess no firearms within 72 hours after service. RIGL 15-15-3(c) requires the Family Court's own order forms to carry notice that a person restrained under the section "shall be ordered pursuant to § 11-47-5 to surrender possession of any firearms."

Surrender can be made to the Rhode Island State Police, a local police department, or a federally licensed firearms dealer. This requirement applies for the duration of the order.

State law also imposes its own possession ban on top of the surrender requirement. RIGL 11-47-5(b) provides that "no person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard." That state ban reaches both the Family Court order and the District Court domestic abuse order, and it does not depend on the individual judge writing a firearms provision into the order.

In addition, a qualifying final protective order triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8). Any person subject to such an order is federally prohibited from purchasing, possessing, or receiving any firearm or ammunition. This federal prohibition applies automatically to any qualifying final order issued after notice and a hearing, and it runs parallel to the state ban rather than replacing it.

Violating the firearms surrender requirement or possessing a firearm while subject to a qualifying order can result in state criminal and contempt proceedings as well as federal criminal charges. If you believe the respondent has not complied with a firearms surrender requirement, notify your local police department and report it to the court.

What happens if someone violates the order?

Violating a Rhode Island Domestic Abuse Restraining Order is a criminal offense. Under RIGL 15-15-3, a violation of which the defendant has actual notice is a misdemeanor carrying a fine of up to $1,000 and/or up to one year in jail. The order is also a court order, so a violation may be treated as contempt of court in addition to the criminal charge.

Jurisdiction over the violation is split by the age of the person who violated the order. RIGL 15-15-3(q)(1) gives the District Court criminal jurisdiction over all adult violations of the chapter, and RIGL 15-15-3(q)(2) gives the Family Court jurisdiction over all juvenile violations. Violating a District Court order issued under Chapter 8-8.1 or Chapter 11-37.2 is a misdemeanor carrying the same maximum penalty of a $1,000 fine, one year in jail, or both.

Police in Rhode Island can make a warrantless arrest on probable cause that a protective order has been violated. You do not need to obtain a warrant before calling law enforcement.

If the respondent contacts you, comes near you, or otherwise violates any term of the order, including no-contact provisions and stay-away requirements, you should call 911 immediately. Preserve any evidence of the violation: save text messages, voicemails, screenshots, emails, or notes with dates and times. Report the violation to the issuing court as soon as possible so the court record is updated.

If the respondent poses an imminent physical threat, call 911 and do not wait. A restraining order is a legal tool, and its effectiveness depends on violations being reported and prosecuted. Advocates at local domestic violence organizations can help you document violations and navigate the court process.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

Related pages

For broader context on protective order law and the framework shared across all states, see the Restraining Order Laws by State hub.

If you are documenting incidents of harassment or threats in Rhode Island, understanding Rhode Island recording laws can help you know what recordings are legally permissible as evidence.

More Rhode Island Laws

• Rhode Island Child Custody Laws
• Rhode Island Divorce Laws
• Rhode Island GPS Tracking Laws
• Rhode Island Self-Defense Laws

Frequently Asked Questions

How do I get a restraining order in Rhode Island?

First identify the right court. A Domestic Abuse Restraining Order under RIGL Chapter 15-15 is filed in the Rhode Island Family Court. A domestic abuse restraining order for cohabitants, former cohabitants, or adult dating partners under RIGL Chapter 8-8.1, and a sexual assault or stalking protective order under RIGL Chapter 11-37.2, are both filed in the District Court division where you live. In your petition, describe the relationship if one applies, the abuse or threat, and the protections you need. If you show immediate danger, a judge can issue an ex parte temporary order the same day, and the full hearing follows within about 21 days. Court self-help staff and local domestic violence advocates can help you complete the forms at no charge.

How long does a restraining order last in Rhode Island?

A temporary ex parte order lasts up to 21 days until the full hearing. A final order can last up to 3 years from the date it is issued, and that three-year cap applies on all three civil tracks: RIGL 15-15-3 in Family Court, RIGL 8-8.1-3 in District Court, and RIGL 11-37.2-2(d) for sexual assault and stalking orders. Before the final order expires, the petitioner can ask the court to extend it, and courts may renew the order if there is still a threat.

How much does a restraining order cost in Rhode Island?

Filing is free. RIGL 15-15-2 says a party filing a complaint under the domestic abuse chapter may do so without payment of any filing fee, and RIGL 11-37.2-1(a) provides the same for sexual assault and stalking protective orders, which also carry no minimum residence requirement. Federal law (the Violence Against Women Act) separately prohibits courts from charging a filing fee or a service fee for a domestic violence protective order. There is no charge to the petitioner for filing or for service on the respondent.

Can I get a restraining order against someone I never dated or lived with?

Yes. RIGL 11-37.2-2(a) lets a victim of sexual assault or of stalking under RIGL 11-59-2 file a complaint in the district court for an order protecting them from future abuse, and that chapter imposes no relationship requirement, no filing fee, and no minimum residence requirement. Because RIGL 11-59-2(a)(1) is satisfied when a person harasses another, a stalking or harassment course of conduct by a stranger, neighbor, coworker, or acquaintance can support a petition. Relief can run up to three years and can be extended, and violating the order with actual notice is a misdemeanor.

Can I get a restraining order without a police report?

Yes. You do not need a police report to file for a civil restraining order in Rhode Island. The court considers the evidence in your petition and affidavit. A police report can strengthen your case, but the civil process is separate from any criminal investigation. Filing with documented evidence (photos, messages, medical records) is helpful but not required.

Does a restraining order take away gun rights in Rhode Island?

Yes, and from two directions. A Domestic Abuse Restraining Order requires the respondent to surrender all firearms within 24 hours of notice of the order, with proof of surrender or non-possession filed with the court within 72 hours after service. Separately, RIGL 11-47-5(b) bars any person subject to an order issued under chapter 15 of title 15 or chapter 8.1 of title 8, after notice and an opportunity to be heard, from purchasing, carrying, transporting, or possessing any firearm. The federal prohibition in 18 U.S.C. 922(g)(8) applies on top of the state ban for qualifying final orders.

What happens if the abuser violates the restraining order?

Violating a Rhode Island Domestic Abuse Restraining Order is a misdemeanor under RIGL 15-15-3 (up to $1,000 fine and/or up to 1 year in jail), and the same maximum applies to District Court orders under Chapter 8-8.1 and Chapter 11-37.2. Under RIGL 15-15-3(q), the District Court handles adult violations and the Family Court handles juvenile violations. Police may arrest without a warrant on probable cause of a violation. Call 911 immediately if the respondent violates any term of the order, preserve any evidence such as messages or call logs, and report the violation to the court as well.

What is the difference between a restraining order and an order of protection in Rhode Island?

Rhode Island uses 'Domestic Abuse Restraining Order' for the civil orders issued under RIGL Chapter 15-15 in Family Court and RIGL Chapter 8-8.1 in District Court, and 'protective order' for the sexual assault and stalking order under RIGL Chapter 11-37.2. Some other states use 'order of protection' for the same concepts. Rhode Island also has criminal protective and no-contact orders that arise from criminal cases under RIGL Chapter 12-29, but those are separate from a civil order a victim files for directly.