Restraining Orders

The law enforcement agency that filed the order can ask to renew it by filing a “motion to renew” within 14 days of the order’s expiration date.¹ The court will then schedule a hearing, which is supposed to happen within 14 days of the motion being filed. The respondent will be notified and can object to the renewal.²

During the hearing to renew the extreme risk protection order, the judge will review the evidence and consider the same factors used when the order was first issued. You can read these factors in How will a judge decide whether to grant the order? The judge may also check if the respondent followed any recommendations for mental health or substance abuse evaluations.

If the judge believes the person is still a significant danger to himself/herself or others because of having or getting a firearm, the order can be renewed for another year.³

¹ R.I. Gen. Laws § 8-8.3-7(c)
² R.I. Gen. Laws § 8-8.3-7(c)(1)
³ R.I. Gen. Laws § 8-8.3-7(c)(3), (c)(4)