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Legal Information: Rhode Island

Restraining Orders

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April 27, 2018

Can a minor file for a restraining order?

In family court or in district court, the law says that "a person" can file a petition on his/her own behalf, which can be interpreted that a minor can file on his/her own behalf. In addition, in both courts, an adult can file on behalf of his/her minor child or a child in his/her custody. The law further clarifies that in family court, the minor's parent, custodian, or legal guardian can file on behalf of the minor - or, if the minor is in the custody of the Department of Children, Youth and Families (“DCYF”), DCYF can file on behalf of the minor.*

* RI Gen. Laws §§ 15-15-3(a); 8-8.1-3(a); 8-8.1-1(5)