Restraining Orders

When you apply for a restraining or protective order, usually, you need to complete a complaint and an affidavit. A complaint is the paperwork that starts the case. An affidavit is a sworn statement about what happened. On the complaint and affidavit forms, you will be the “plaintiff.” The abuser will be the “defendant.”

In the space provided, explain why you need the restraining order. When you write about the abuse, describe what the abuser did to you. Here are some examples of descriptive words: slap, hit, grab, choke, threaten, etc. Be as specific as you can. Include details about when and where the abuse happened, the fear or pain you felt, and any injuries you had. Be aware that the abuser will be able to read what you write.

You may also have to give a physical description of the abuser and an address where s/he can be found so the order can be served. Clerks can show you which blanks to fill in, but they cannot help you decide what to write. Show the forms to a clerk before you sign them. You may need to sign them in front of a clerk or notary.

If you need immediate protection, tell the clerk that you want to apply for a temporary “ex parte” restraining order. A judge can give you a temporary order the same day if the judge believes that you or your child is in danger of immediate and severe injury, loss, or damage.^{1 “}Ex parte” means the judge can give this type of order without the abuser having notice beforehand or being present in court. However, once you get an order, it must be served to the abuser.

Also, tell the clerk if you don’t want the abuser to know your address. There may be an additional form to fill out to keep your address confidential.

¹ R.I. Gen. Laws §§ 8-8.1-4(a)(2); 15-15-4(a)(2)

Your restraining order becomes “enforceable” after the abuser has been personally given (served) a copy of it. That means, once it’s served, the abuser can be arrested if s/he doesn’t follow the order. The abuser must also be served with notice of the hearing and a copy of the complaint that you filed against him/her. If the defendant is a minor, the complaint and any order must also be personally served to the minor’s parent or guardian.¹

A deputy sheriff must serve the restraining order paperwork for free. You can also hire a certified constable to serve the abuser, however, constables charge a fee.² Do not try and serve the abuser with the papers yourself.

After serving the papers, the sheriff or constable sends the “return of service” form to the court, you, and the police. This form proves that the abuser was served in case s/he doesn’t show up at the hearing.³ If you don’t receive a copy of the return of service, you may want to follow up with the sheriff or constable to ensure they serve the abuser and submit the form to the court before the hearing date.

If the sheriff or constable makes a thorough (diligent) effort but still can’t personally serve the defendant, the judge may allow the defendant to be served differently. This is called an alternate method of service. For example, the judge can order service:

• by certified and regular mail to the defendant’s place of employment or last known address, but this couldn’t be the address of your home that the defendant was ordered to vacate as part of the restraining order;
• by leaving copies of the papers at the defendant’s home with a person of “suitable age and discretion”- that means not giving them to a young child, for example; or
• by publication in a newspaper for two weeks in a row.⁴

The judge will then set a new date for the hearing on the complaint and extend the temporary order until that date.⁴

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ R.I. Gen. Laws § 15-15-4.1(a)
² R.I. Gen. Laws §§ 8-8.1-4.2(a); 15-15-4.1(a)
³ R.I. Gen. Laws §§ 8-8.1-4.2(b), (c); 15-15-4.1(b), (c)
⁴ R.I. Gen. Laws §§ 8-8.1-4.2(d); 15-15-4.1(d)