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Once you get a restraining order, laws may forbid the respondent from having a gun. There are a few places where you can find this information:
- Read the questions on this page about the protections you can get in a restraining order to see if judges in Rhode Island can remove guns as part of a temporary or final restraining order. Also, read your order and see if it restricts the abuser from having or getting firearms.
- Go to our State Gun Laws section to see who can and cannot legally have guns in Rhode Island; and
- Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.
You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms’ website.
If the abuser's gun is taken away as part of my restraining order, what will happen to it?
If the judge orders the abuser to give up (surrender) his/her firearms as part of your restraining order, the abuser must surrender his/her guns to one of the following:
- a person who is not the abuser’s intimate partner or relative as long as s/he will not return the guns while the restraining order is still valid;
- the Rhode Island state police or local police department; or
- a licensed gun dealer.1
Within 24 hours of getting notice of the restraining order, the abuser must turn in his/her guns to one of the people listed above.
Within 72 hours, the abuser must file proof in court that s/he properly turned in any guns, or that s/he does not have any.
The abuser can ask for a court hearing within 15 days for the judge to review the order and decide whether or not the firearms should stay surrendered or be returned to the abuser. At the hearing, the abuser has the burden of proving that s/he would not pose a danger to you or anyone else if his/her guns were returned. You will receive notice of the hearing and have the right to be present.2
1 R.I. Gen Laws §§ 8-8.1-3(a), (k), (m); 15-15-3(d)
2 R.I. Gen Laws §§ 8-8.1-3(c), (j); 15-15-3(b)
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the protection order as soon as possible.
- Keep a copy of the protection order with you at all times.
- Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want to change your locks and phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
I was denied a restraining order at the hearing. What are my options?
If you are not granted a restraining order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and connect you with the resources you need. For safety planning ideas and information, go to our Safety Planning page. You can find contact information for domestic violence organizations on our RI Advocates and Shelters page.
If you are not eligible for a family or district court restraining order, you may still be able to get a different type of order. You can read our sections about Sexual Assault Protective Orders, Workplace Violence Restraining Orders, and Extreme Risk Protection Orders to see if you qualify for one of those orders. Additionally, if the abuser is arrested for a crime, you may receive a no-contact order from the criminal case.1
You may also be able to reapply for a restraining order if a new incident of domestic abuse occurs after you are denied the order.
If you believe the judge made an error of law by denying your order, you can talk to a lawyer about the possibility of an appeal. Generally, appeals must be filed shortly after the order is granted or denied. Appeals are complicated and you will most likely need the help of a lawyer. You can read more about appeals on our Filing an Appeal page.
1 R.I. Gen. Laws § 12-29-4(a)
What if the abuser violates the order?
Violating a restraining order can be a crime. There are two main ways to get help if the abuser violates your order.
1. Through the Police or Sheriff (Criminal Contempt)
If the abuser violates your restraining order, you can call 911 immediately. Tell the officers you have a restraining order and the abuser is violating it. The abuser may be arrested and prosecuted because it is a crime to violate a restraining order. If the abuser is found guilty of violating a restraining order, s/he can be punished by a fine of as much as $1,000, up to one year in jail, or both. S/he may also be ordered to attend counseling.1
2. Through the Civil Court System (Civil Contempt)
You may also file in court to enforce your order and ask the judge to determine that the abuser is in “contempt of court” for violating the order.2 To file for civil contempt, go to the clerk’s office and ask for the forms.
1 R.I. Gen. Laws §§ 8-8.1-3(o), (p); 15-15-3(n); 12-29-5(a)
2 R.I. Gen. Laws §§ 8-8.1-3(l); 15-15-3(m)(1)
How do I change or extend my order?
If you want to change (modify) your order, you can return to the court where you got it and file a modification petition. The abuser will be served and there will be a hearing date set. You will have to explain to the judge at the hearing why the order should be changed in the way you are requesting.
To extend your order, you can return to the court where you got it and file a renewal petition. You must request the renewal before your order expires.1 A judge may renew your order for as long as the judge believes you need it to protect you from abuse.2 You can renew your order more than once.
1 R.I. Gen. Laws § 8-8.1-7
2 R.I. Gen. Laws §§ 8-8.1-3(n); 15-15-3(m)(2)
What happens to my restraining order if I move?
Your restraining order is still valid if you move within Rhode Island or to another U.S. state or territory. If the abuser violates the order in another state, the police or courts there can enforce it.
Here are some steps you may want to take before you move:
- Update your address: Call the court clerk to update your address in the court file. This way, the court can contact you if the abuser files for a change to the order or if the court needs to reach you.
- Keep your address private: If the abuser doesn’t know your new address, ask the clerk how to keep it confidential.
Note: If you are moving to a military installation, see our Military Protective Orders page to learn about enforcing your civil protection order on base. Go to Are MPOs and civil protective orders (CPOs) valid wherever I go?
Will my restraining order show up in an Internet search?
According to federal law, courts cannot post information online that could reveal your identity or location. This includes:
- your protection order, restraining order, or injunction;
- the petition or complaint you filed to get the order or injunction; and
- the registration of your order in another state.1
This law applies in all U.S. states, territories, and tribal lands.
1 18 U.S.C. § 2265(d)(3)
What can I do if my abusive partner keeps filing court cases against me?
Sometimes, abusers file multiple or baseless court cases to continue their abuse. This is called “abusive litigation.” If someone you have a domestic violence restraining order against keeps filing in court to harass, intimidate, or force contact with you, you can ask the judge for an order to stop it. See our Litigation Abuse section for more information on how to do this.
