Restraining Orders

When you file your petition, you are given a date to return to court for a hearing.

If you do not go to court for the hearing, your temporary order will expire, and you will have to start the process over.

If the abuser does not come to court, the judge may do different things. If the judge received the “return of service” form, showing the abuser got proper notice of the case, the judge may give you a final order even without the abuser being there. The judge may also reschedule the hearing to give the abuser another chance to come.

During the hearing, you will need to prove that the abuser committed one or more acts of domestic abuse or sexual exploitation as defined by the law by testifying about the abuse. You can present witnesses and other evidence to support your case. The abuser can also testify and present witnesses and evidence. You may want to consult a lawyer before the hearing to understand what documents and proof are legally admissible in court. You can also find tips on our At the Hearing page.

It can help to have a lawyer to protect your rights. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask for a “continuance.” This means postponing the case so that you can get a lawyer, too. If you cannot afford a lawyer, you can try to get one through a local legal services organization if you qualify. Go to our RI Finding a Lawyer page for legal referrals.