Where do I obtain a Restraining Order in Rhode Island? Family, District or superior Court?

Law And Order - Where do I obtain a Restraining Order in Rhode Island? Family, District or superior Court?

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Rhode Island family 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 family member by blood or marriage then it should be filed in Rhode Island family Court. If there is a pending Rhode Island divorce, then the restraining order against a spouse should be filed in family Court. If the restraining order is against a someone who you have a child with, then the restraining order should be filed in family Court. A Restraining order filed by a immature or against a immature must be filed in family Court. A restraining order brought by a parent on profit of the minor children against someone else parent must be pursued in the family Court.

Before obtaining a restraining order a someone should Consult a Rhode Island lawyer. Please note that this record does not address the grounds considerable to secure a restraining order. record by Attorney David Slepkow 401-437-1100.

There are two types of family Court restraining orders, "Complaint safety from Abuse" and a civil restraining order. In a Complaint safety from Abuse, the Court has jurisdiction to issue a restraining order for up to 3 years. Violation of a Rhode Island Complaint safety 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 efficient as a complaint safety from abuse restraining order and when sought are typically part of a divorce.

In a Complaint safety from Abuse, the family 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 someone 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 ownership 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 relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum. If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the family 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 excellent 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 excellent Court. Violation of a excellent Court restraining order does not constitute a crime. Violation of a excellent Court Restraining Order is punishable by contempt which could potentially lead to a duration of incarceration.

What is the unlikeness in the middle of a restraining order and a no caress order?

A No caress order is an order issued as a effect of a criminal charge. A no caress order issues at an arraignment whether at the police middle point or at Court. Violation of a no caress order is a crime in itself and may constitute a violation of Probation or a filing. A no caress 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 effect until the date designated on the restraining order.

If there is a no caress order protecting me should I also secure a restraining order ?

A no caress order expires when a case is dismissed, a someone is found not guilty or after any sentence expires. The No caress order will expire when a probation or filing or suspended sentence is over. If you feel you need safety in case the no caress order expires and are in fear of the someone then you may consider seeking a restraining order in expanding to the no caress order. If there are issues concerning child keep and visitation then you may want to seek a restraining order in expanding to a no caress order.

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