Rhode Island
Rhode Island Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In Rhode Island, a civil Domestic Abuse Restraining Order lets spouses, former spouses, family members related by blood or marriage, co-parents who have also been in a dating relationship within the past year, and persons in a substantive dating or engagement relationship within the past year ask the Family Court for protection. A final order 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 civil protective order system centers on the Domestic Abuse Restraining Order under RIGL Chapter 15-15. This order is available in Family Court and covers physical harm, threats of harm, or harassment by a qualifying family member, co-parent, or dating/engagement partner as defined 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 does not have a standalone civil harassment order for non-domestic situations in the same way that many other states do. Victims of stalking or harassment who do not share a qualifying domestic relationship with the perpetrator typically must rely on criminal remedies, such as reporting stalking under RIGL Chapter 11-59, rather than a separate civil petition track. If you are being stalked or harassed by someone you do not share a domestic relationship with, speaking with law enforcement or a domestic violence advocate about criminal complaint options is strongly recommended.
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 Domestic Abuse Restraining Order from Family Court.
Who can get a restraining order in Rhode Island?
The qualifying relationship for a civil Domestic Abuse Restraining Order under RIGL 15-15 is the threshold requirement. The following people may petition for an order:
- Current or former spouses
- Minor children, stepchildren, or a plaintiff-parent's minor children who are not blood-related to the defendant
- Persons related by blood or marriage
- Adult co-parents who are or have been in a substantive dating or engagement relationship with each other within the past year
- Persons who are or have been in a substantive dating or engagement relationship within the past year (including cases where one party is a minor)
Rhode Island courts look at the nature, length, and frequency of the relationship when evaluating whether a dating or engagement relationship qualifies. The law requires the relationship to be substantive, not just a brief or casual acquaintance.
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.
Because Rhode Island does not have a separate civil harassment order track, people who are targeted by someone outside these qualifying categories should contact law enforcement directly or consult a domestic violence advocate to understand what criminal complaint options may apply.
How to file for a restraining order in Rhode Island
To file for a civil Domestic Abuse Restraining Order in Rhode Island, you submit a petition to the Family Court. The court that handles all civil 15-15 petitions is the Rhode Island Family Court, which has a central courthouse in Providence and handles cases statewide. The District Court's role is limited to two situations under this chapter: prosecuting an adult defendant's criminal violation of an existing order, and granting emergency ex parte relief after hours when no Family Court judge is in session.
Under the federal Violence Against Women Act, you cannot be charged a filing fee or a service fee to obtain a domestic violence protective order. Filing is free.
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.
| Stage | Who is present | How long it lasts |
|---|---|---|
| Temporary (ex parte) order | Petitioner only | Up to 21 days until hearing |
| Final order (after hearing) | Both parties | Up to 3 years; extendable |
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 final Domestic Abuse Restraining Order in Rhode Island carries significant firearms consequences. The court may order the respondent to surrender all firearms within 24 hours of the order being issued or served. The respondent must then file proof of surrender or a sworn statement that they possess no firearms within 72 hours of the deadline.
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.
In addition, a qualifying final protective order triggers the federal firearm prohibition under (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, even if the state order itself does not expressly address firearms.
Violating the firearms surrender requirement or possessing a firearm while subject to a qualifying order can result in both state contempt proceedings and 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 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.
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
Frequently Asked Questions
How do I get a restraining order in Rhode Island?
File a petition for a Domestic Abuse Restraining Order at the Rhode Island Family Court, which handles all civil petitions under Chapter 15-15; the District Court's role is limited to emergency after-hours relief and criminal violations. Describe the relationship, 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. A full hearing is typically scheduled within 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 Domestic Abuse Restraining Order can last up to 3 years from the date it is issued. Before the final order expires, the petitioner can ask the court to extend it. Courts may renew the order if there is still a threat of domestic abuse.
How much does a restraining order cost in Rhode Island?
Filing for a Domestic Abuse Restraining Order is free. Federal law (the Violence Against Women Act) prohibits courts from charging a filing fee or service fee for a domestic violence protective order. There is no charge to the petitioner for filing or for the court to serve the respondent.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for a civil Domestic Abuse 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?
A final Domestic Abuse Restraining Order can require the respondent to surrender all firearms within 24 hours, with proof of surrender or non-possession filed with the court within 72 hours. Independently, a qualifying final order triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8), which bars the respondent from purchasing or possessing any firearm or ammunition for the duration of the order.
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). Police may arrest without a warrant on probable cause of a violation. Call 911 immediately if the respondent violates any term of the order, and preserve any evidence such as messages or call logs. 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 the term 'Domestic Abuse Restraining Order' for the civil protective order issued under RIGL Chapter 15-15. Some other states use 'order of protection' for the same concept. 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 the civil restraining order a victim files for directly.
Updates
Corrected the petitioner-eligibility list for Rhode Island's civil Domestic Abuse Restraining Order, which had been drawn from the wrong statute (the criminal Domestic Violence Prevention Act's broader household-member definition instead of the civil chapter's own, narrower definitions); also corrected an inaccurate claim that District Court shares civil filing jurisdiction based on cohabitation length.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- RIGL Chapter 15-15 (Domestic Abuse Prevention Act)(webserver.rilegislature.gov).gov
- RIGL Chapter 12-29 (Domestic Violence Prevention Act)(webserver.rilegislature.gov).gov
- Rhode Island Family Court(courts.ri.gov).gov