Restraining Orders
If you or a loved one is a victim abuse, being threatened, stalked, harrassed or has been served with a protection/restraining orders, take advantage of our free consultations to learn about the process, know your rights and tell your side of the story.
The Law Offices of Stefanie A. Murphy have represented clients on both sides of protection/restraining orders successfully.
Been charged with a crime? contact a Rhode Island Criminal Lawyer.
What Court has Jurisdiction
The relationship of the plaintiff and the defendant determines what court has jurisdiction to issue and hear restraining orders or protection from abuse.
Family Court If the relationship is one of marriage, blood, child together or juvenile then: § 15-15-3 Protective orders – Penalty – Jurisdiction. – (a) A person suffering from domestic abuse may file a complaint in the family court requesting any order which will protect and support her or him from abuse including, but not limited, to the following: (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting, or interfering with the plaintiff at home, on the street, or elsewhere, whether the defendant is an adult or a minor; (2) Ordering the defendant to vacate the household immediately; (3) Awarding the plaintiff custody of the minor children of the parties, if any; (4) After notice to the respondent and a hearing, ordering either party to make payments for the support of a minor child or children of the parties as required by law for a period not to exceed ninety (90) days, unless the child support order is for a child or children receiving public assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of taxation, child support enforcement, shall be notified as a party in interest to appear for the purpose of establishing a child support order under a new or existing docket number previously assigned to the parties and not under the protective docket number. The child support order shall remain in effect until the court modifies or suspends the order. (5) After notice to the respondent and a hearing, the court in addition to any other restrictions, may order the defendant to surrender physical possession of all firearms in his or her possession, care, custody or control. (b) Any individual who accepts physical possession of a firearm pursuant to this section is prohibited from returning any firearm to any defendant under a restraining order during the existence of the restraining order. Violation of this provision shall subject both the defendant and the individual responsible for the return of the firearm to the defendant, to being found in contempt of court. (c) The Family Court shall provide a notice on all forms requesting a protective order that, at the hearing for a protective order, the defendant may be ordered to surrender physical possession or control of any firearms and not to purchase or receive or attempt to purchase or receive any firearms for a period not to exceed the duration of the restraining order. (d) If the defendant is present in court at a duly noticed hearing, the court may order the defendant to physically surrender any firearm in that person’s immediate possession or control, or subject to that person’s immediate physical possession or control, within twenty-four (24) hours of the order, by surrendering the possession of the firearm(s) to the control of any individual not legally prohibited from possessing a firearm(s) who is not related to the defendant by blood, marriage, or relationship as defined by § 15-15-1(3), (4), or (5), of the Rhode Island general laws, or by surrendering any firearm(s) to the Rhode Island State Police or local police department, or by surrendering the firearm(s) to a licensed gun dealer. If the defendant is not present at the hearing, the defendant shall surrender possession of the firearm(s) within forty-eight (48) hours after being served with the order. A person ordered to surrender possession of any firearm(s) pursuant to this subsection shall file with the court a receipt showing the firearm(s) was either legally transferred to an individual not legally prohibited from possessing a firearm who is not related to the defendant by blood, marriage, or relationship as defined by § 15-15-1(3), (4), or (5) of the Rhode Island general laws or surrender to a licensed gun dealer within seventy-two (72) hours after receiving the order. Any defendant transporting a firearm to surrender in accordance with the above shall not be liable to prosecution under § 11-47-8. (e) Nothing in this section shall limit a defendant’s right under existing law to petition the court at a later date for modification of the order. (f) The prohibition against possessing a firearm(s) due solely to the existence of a domestic violence restraining order issued under this section shall not apply with respect to sworn peace officers as defined in § 12-7-21 and active members of military service including members of the reserve components thereof, who are required by law or departmental policy to carry departmental firearms while on duty or any person who is required by their employment to carry a firearm in the performance of their duties. Any individual exempted pursuant to this exception may possess a firearm only during the course of their employment. Any firearm required for employment must be stored at the place of employment when not being possessed for employment use; all other firearm(s) must be surrendered in accordance with § 15-15-3. (g) Upon motion by the plaintiff, his or her address shall be released only at the discretion of the family court judge. (h) Any violation of the protective orders in subsection (a) of this section shall subject the defendant to being found in contempt of court. (2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party. (i) Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both. (2) The penalties for violation of this section shall also include the penalties as provided by § 12-29-5. (j) Actual notice means that the defendant has received a copy of the order by service or by being handed a copy of the order by a police officer pursuant to § 15-15-5(d). (k) The district court shall have criminal jurisdiction over all adult violations of this chapter. (2) The family court shall have jurisdiction over all juvenile violations of this chapter.
District Court If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum.
Superior Court If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.
Our Rhode Island Criminal Attorney can handle all of your legal issues and answer of your pressing questions
If you have been a victim of abuse, harassment, stalking or threats you have the legal right to file for a temporary protection from abuse, a restraining order. If there is a pending criminal charge against the defendant then a no contact order would most likely be issued. If a no contact order has not been issued then you can ask for a protection from abuse. Once the temporary order is entered, the court will set down the matter for a hearing date. The defendant will receive notice of the court date and will be able to appear in court and ask for the court not to issue a permanent restraining order.
This entire process can be very difficult to go through. These matters are usually highly emotional and complicated. Whether its a husband, wife, ex-husband, ex-wife, boyfriend, girl friend, co-worker, it can be very difficult with a lot of emotions.
Attorney Stefanie Murphy is here to help guide you through the legal system and help explain to the Courts why this order is essential to your safety and well being. Having an skilled attorney on your side can make all the difference.
DEFENSE AGAINST AN ORDER Anyone at anytime can be served with a temporary protection from abuse, a restraining order or a no contact order. (if there is a pending criminal charge). When an order is in place it is imperative that you fight the order to ensure that it does not become permanent. When a protection order is in place, it is essential that you do not violate the terms of the order. It means that the defendant named in the order can not have any contact with the victim or person named in the order. This includes phone calls, text messages, communication through third parties- a no contact order means no contact.
If you are charged with a violation of a non contact order and found guilty, that will result in a criminal conviction.
An experienced attorney can help you through this process and fight for your rights. Call Attorney Stefanie Murphy 401 316 9423 in order to discuss your options and your case today.
