What documents can I use to prove that the person filing abusive litigation abused me?
Whether the abuser is a family or household member or someone who stalked or sexually assaulted you, you must show that a judge has already decided that this person committed domestic abuse, stalking, or sexual assault against you.
You can provide any of these documents to the judge as proof:
- a final domestic violence restraining order;
- a final protective order from a divorce or custody case, under section 15-5-19 of the law;
- a no-contact order;
- a final sexual assault protective order;
- a final abuse prevention order from any state, U.S. territory, or federally recognized Indian tribe, as long as it is similar to Rhode Island’s orders;
- a final order for alimony or child custody that includes a determination (“finding”) of abuse;
- a criminal conviction, plea of no contest (“nolo contendere”), or criminal charge in any state for a crime listed in section 12-29-2 of the law;
- a pending domestic violence criminal charge in any state, where the court has placed conditions on the abuser’s release to protect you; or
- a sworn statement (affidavit) from a domestic violence or sexual assault advocate or counselor from an agency that helps victims stating that a judge determined that this person committed domestic abuse, stalking, or sexual assault against you.1
1 R.I. Gen. Laws §§ 8-8.4-1(1)(ii)(A)-(H); 8-8.4-2(a)(2)(i)-(viii)