Where do I get a Restraining Order in Rhode Island? Family, District or first-rate Court?

Family Lawyers - Where do I get a Restraining Order in Rhode Island? Family, District or first-rate Court?

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Rhode Island house Court Jurisdiction:

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If the restraining order is against your husband or wife or ex husband or ex-wife or against a house member by blood or marriage then it should be filed in Rhode Island house Court. If there is a pending Rhode Island divorce, then the restraining order against a spouse should be filed in house Court. If the restraining order is against a person who you have a child with, then the restraining order should be filed in house Court. A Restraining order filed by a immature or against a immature must be filed in house Court. A restraining order brought by a parent on behalf of the minor children against an additional one parent must be pursued in the house Court.

Before obtaining a restraining order a person should Consult a Rhode Island lawyer. Please note that this article does not address the grounds significant to acquire a restraining order. article by Attorney David Slepkow 401-437-1100.

There are two types of house Court restraining orders, "Complaint protection from Abuse" and a civil restraining order. In a Complaint protection from Abuse, the Court has jurisdiction to issue a restraining order for up to 3 years. Violation of a Rhode Island Complaint protection from abuse restraining order is a crime. A violation of a civil restraining order is not a crime but is punishable by contempt. Please note that civil restraining orders are not nearly as effective as a complaint protection from abuse restraining order and when sought are typically part of a divorce.

In a Complaint protection from Abuse, the house Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to Surrender proprietary of all firearms / guns to the Police department.

Rhode Island District Court Jurisdiction:

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating association within the prior year but you have no child with, then Rhode Island District Court is the allowable Forum. If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the house Court.(see above) A restraining order against a current roommate can be filed in District Court. Violation of a District Court Restraining order is a crime.

Ri superior Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or anything else then the restraining order must be filed in superior Court. Violation of a superior Court restraining order does not constitute a crime. Violation of a superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.

What is the contrast between a restraining order and a no palpate order?

A No palpate order is an order issued as a follow of a criminal charge. A no palpate order issues at an arraignment either at the police station or at Court. Violation of a no palpate order is a crime in itself and may constitute a violation of Probation or a filing. A no palpate order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence. A Restraining order stays in follow until the date designated on the restraining order.

If there is a no palpate order protecting me should I also acquire a restraining order ?

A no palpate order expires when a case is dismissed, a person is found not guilty or after any sentence expires. The No palpate order will expire when a probation or filing or suspended sentence is over. If you feel you need protection in case the no palpate order expires and are in fear of the person then you may think seeking a restraining order in addition to the no palpate order. If there are issues regarding child retain and visitation then you may want to seek a restraining order in addition to a no palpate order.

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