Domestic Violence Protection Order - Rhode Island

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Rhode Island requires the use of the official Domestic Abuse Complaint form for
domestic violence restraining order proceedings. This template provides the
substantive legal content to help you prepare — but you must transfer your content
to the official form before filing. The official form is available at
https://www.courts.ri.gov/Courts/districtcourt/Pages/Domestic-Abuse-Restraining.aspx.
Do not file this document directly with the court.

STATE OF RHODE ISLAND – FAMILY COURT

DOMESTIC VIOLENCE PROTECTION ORDER TEMPLATE

(Comprehensive Attorney-Drafted Form – For Immediate Legal Customization)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties (Judicial Findings)
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution & Jurisdiction
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Court Identification
DOMESTIC VIOLENCE PROTECTION ORDER
Rhode Island Family Court – [COUNTY] Division
Case No.: [___]

1.2 Parties
a. Protected Party/Petitioner: [PETITIONER NAME], Date of Birth ☐, Address [CONFIDENTIAL / ______].
b. Restrained Party/Respondent: [RESPONDENT NAME], Date of Birth ☐, Last Known Address ☐.

1.3 Effective Date & Duration
a. Temporary Order Issue Date: [MM/DD/YYYY]
b. Final Hearing Date (if scheduled): [MM/DD/YYYY]
c. Order Expiration: [__ months/years] from the date of issuance (a fixed period not to exceed three (3) years), unless sooner modified or extended by the Court pursuant to R.I. Gen. Laws § 15-15-3(m)(2).

1.4 Recitals
WHEREAS, Petitioner alleges acts of domestic abuse as defined in R.I. Gen. Laws § 15-15-1; and
WHEREAS, the Court finds good cause to believe the Petitioner is in immediate danger of abuse and that injunctive relief is necessary;
NOW, THEREFORE, IT IS HEREBY ORDERED as follows.

2. DEFINITIONS

(The following capitalized terms apply throughout this Order.)

“Abuse” – “Domestic abuse” as defined in R.I. Gen. Laws § 15-15-1(4).
“Contact” – Any direct or indirect communication, including via electronic, digital, or third-party means.
“Firearm” – Any weapon described in 18 U.S.C. § 921(a)(3) or R.I. Gen. Laws § 11-47-2.
“Minor Child” – A child under eighteen (18) years of age who is either (i) of the parties, or (ii) under the Petitioner’s care.
“Protected Location” – The residence, school, workplace, or other specifically identified place listed in Section 3.2.
“Restrained Party” – The individual against whom this Order is issued.

3. OPERATIVE PROVISIONS

3.1 No Contact. The Restrained Party SHALL NOT directly or indirectly contact the Protected Party or any Minor Child except as expressly permitted in Section 3.5.

3.2 Stay-Away. The Restrained Party SHALL remain at least [100] yards from:
i. Protected Party;
ii. Minor Child;
iii. Protected Locations: [RESIDENCE ADDRESS / SCHOOL / WORKPLACE / OTHER]; and
iv. Any temporary location where the Protected Party or Minor Child reasonably may be.

3.3 Firearms Surrender.
a. Within twenty-four (24) hours of notice of this Order, the Restrained Party SHALL surrender physical possession of all Firearms in his or her possession, care, custody, or control to the Rhode Island State Police, [LOCAL POLICE DEPARTMENT], or a federally licensed firearms dealer, and SHALL NOT purchase or receive, or attempt to purchase or receive, any Firearms while this Order is in effect, pursuant to R.I. Gen. Laws § 15-15-3(a)(4).
b. Within seventy-two (72) hours after being served with this Order, the Restrained Party SHALL either (i) file with the Court a receipt showing the Firearms were physically surrendered as provided above, or (ii) attest to the Court that the Restrained Party had, and has, no Firearms in his or her immediate physical possession or control, pursuant to R.I. Gen. Laws § 15-15-3(a)(4)(i).

3.4 Exclusive Use of Residence. The Restrained Party is ORDERED to vacate the residence located at [ADDRESS] immediately and shall not interfere with utilities, personal property, or mail.

3.5 Child-Related Relief.
a. Temporary Custody. Sole physical and legal custody of the following Minor Child(ren) is awarded to Petitioner: [NAME(S), DOB].
b. Supervised Visitation. Any visitation shall occur only at [SUPERVISED FACILITY] on [DAYS/TIMES] and be supervised by [AGENCY/INDIVIDUAL].
c. Child Support. The Restrained Party shall pay temporary child support of $[AMOUNT] per week via [RI FAMILY COURT PAYMENT CENTER], commencing [DATE].

3.6 Financial & Other Relief. The Restrained Party shall:
a. Refrain from transferring, concealing, or disposing of marital or jointly held assets exceeding $[AMOUNT] without Court approval.
b. Continue health-insurance coverage for Petitioner and Minor Child(ren).

3.7 Counseling & Treatment. The Restrained Party is ORDERED to complete:
i. Batterers Intervention Program approved by the RI Court, within [90] days; and
ii. Substance abuse/mental health evaluation as directed by Probation/Parole.

3.8 Service & Law-Enforcement Entry.
a. A certified copy of this Order SHALL be served on the Restrained Party by [SHERIFF / CONSTABLE] within [5] days.
b. Law enforcement officers are authorized to enter the premises as necessary to effectuate service and ensure Petitioner’s safety.

3.9 Duration & Modification. This Order remains in full force until the expiration date in Section 1.3 or as modified/extended by further Court order. Either party may move to modify with seven (7) days’ written notice absent emergency circumstances.

4. REPRESENTATIONS & WARRANTIES (JUDICIAL FINDINGS)

4.1 Jurisdiction. The Court finds it has subject-matter jurisdiction under R.I. Gen. Laws § 15-15-2 and personal jurisdiction over the Restrained Party.

4.2 Notice & Opportunity to Be Heard. The Restrained Party has been (or will be) afforded notice and the opportunity for a full hearing consistent with due-process requirements and the timelines in § 15-15-4.

4.3 Prima Facie Showing. Based on testimony, affidavits, and exhibits, the Court finds probable cause to believe the Restrained Party committed or threatened Abuse, and injunctive relief is the least restrictive means to prevent further harm.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Restrained Party.
a. Comply with all terms of this Order at all times, in all jurisdictions under 18 U.S.C. § 2265.
b. Appear at all scheduled hearings; failure may result in default and extension of relief.
c. Notify the Court in writing within forty-eight (48) hours of any change of address or contact information.

5.2 Negative Covenants of Restrained Party.
a. Do not possess Firearms or ammunition for the duration of this Order.
b. Do not use, attempt, or threaten physical force against Petitioner or Minor Child.
c. Do not engage in harassment, stalking, or surveillance of Petitioner.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any violation of Sections 3 or 5 constitutes an Event of Default.

6.2 Graduated Remedies. Upon default:
i. Immediate arrest under R.I. Gen. Laws § 15-15-5 (duties of police officers), which directs arrest pursuant to the warrantless-arrest provisions of § 12-29-3;
ii. Criminal prosecution for a misdemeanor punishable by a fine of no more than $1,000 or imprisonment for not more than one (1) year, or both (R.I. Gen. Laws § 15-15-3(n)(1)), plus the additional penalties provided by § 12-29-5;
iii. Contempt of court under R.I. Gen. Laws § 15-15-3(m)(1), including incarceration until compliance;
iv. Federal prosecution under 18 U.S.C. § 922(g)(8) (firearm possession) where applicable;
v. Extension of this Order, upon motion of the Petitioner, for any additional period the Court deems necessary to protect the Petitioner from abuse (R.I. Gen. Laws § 15-15-3(m)(2)).

6.3 Attorney’s Fees & Costs. The Court may award reasonable attorney’s fees and costs to the prevailing party in any enforcement proceeding.

7. RISK ALLOCATION

7.1 Indemnification. [NOT APPLICABLE TO THIS ORDER.]

7.2 Limitation of Liability. [NOT APPLICABLE TO THIS ORDER.]

7.3 Force Majeure. Compliance with this Order is mandatory; no force-majeure defense shall excuse non-compliance.

8. DISPUTE RESOLUTION & JURISDICTION

8.1 Governing Law. This Order is governed by Rhode Island law, including R.I. Gen. Laws § 15-15-1 et seq., and applicable federal statutes.

8.2 Forum Selection. Exclusive jurisdiction lies with the Rhode Island Family Court, [COUNTY] Division.

8.3 Arbitration & Jury Trial. Arbitration is unavailable. The matter shall be adjudicated by the Court without a jury pursuant to applicable Family Court procedure.

8.4 Continuing Jurisdiction. The Court retains continuing jurisdiction to enforce, modify, or vacate this Order.

8.5 Injunctive Relief. Nothing herein limits the Court’s contempt powers or the ability of law enforcement to act immediately to prevent harm.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Only a written Order of this Court may amend, terminate, or waive any provision herein. Oral agreements are unenforceable.

9.2 Assignment. Rights and obligations under this Order are personal to the parties and non-assignable.

9.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.4 Integration. This Order constitutes the entire injunctive relief granted; any prior temporary orders are superseded except to the extent expressly incorporated herein.

9.5 Notices. All motions or notices shall be filed with the Clerk of the Family Court and served on the opposing party in conformity with R.I. Fam. Ct. R. Dom. Rel. P. 5.

9.6 Law-Enforcement Distribution. The Clerk shall transmit certified copies of this Order to:
i. [LOCAL POLICE DEPARTMENT];
ii. Rhode Island State Police;
iii. National Crime Information Center (NCIC) Protection Order File.

9.7 Electronic & Facsimile Signatures. Electronic signatures on this Order and on law-enforcement returns of service are valid and enforceable to the extent authorized by the Rhode Island Judiciary’s electronic filing rules and other applicable law.

10. EXECUTION BLOCK

SO ORDERED.

DATED: ___ / ___ / 20___

_____________________________________
[JUDGE NAME], Associate Justice
Rhode Island Family Court, [COUNTY] Division

Presented By:

_____________________________________ _____________________________________
[ATTORNEY FOR PETITIONER] [ATTORNEY FOR RESPONDENT]
Bar No. [___] Bar No. [___]

LAW ENFORCEMENT RETURN OF SERVICE

I, [NAME], [TITLE], certify that on ___ / ___ / 20___ I personally served a true copy of this Order on the Restrained Party at [LOCATION].

_____________________________________
Signature & Badge No.

Date: ___ / ___ / 20___