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What types of restraining orders are there? How long do they last?
Rhode Island family and district courts can give temporary and final restraining orders. These orders may be called protective orders or something else in your county. This chart shows the different types of orders, how you get them, and how long they last:
| What it is | How you get it | How long it lasts |
|---|---|---|
| An emergency order is a special order you can get if the courts are closed and you need protection immediately. | Contact your local police department. A judge may give the order over the phone to a police officer. | Until the end of the next business day, so you can go to court and file for a regular temporary order.1 |
| A temporary “ex parte” order is an order the judge can give you on the same day you file, without the abuser being notified beforehand or present. | File a complaint in court and speak to the judge. The judge must believe you would face immediate and severe injury, loss, or damage unless you get the order. | Up to 21 days in most cases, but the court can extend it if your final court hearing gets postponed (adjourned).2 |
| A final order is the order you can get at the end of the case. It lasts for a longer time without you needing to return to court. | Have a hearing when you and the abuser can both present evidence and testimony to prove your sides of the story.2 If the abuser agree (consents) to the order, then the hearing could end without presenting evidence and testimony. | Up to three years, and you can file to renew it before it expires.3 |
1 R.I. Gen. Laws § 15-15-4(b); § 8-8.1-4(b)
2 R.I. Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)
3 R.I. Gen. Laws §§ 8.8-1.3(i); 15-15-3(m)(2)
