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Restraining Orders

Judges Hammer



Because of the proliferation of violence in abuse in domestic situations, restraining orders are readily available to nearly everyone. Unfortunately, however, that means that restraining orders can be weaponized inappropriately by individuals claiming to be victims.

According to the National Coalition Against Domestic Violence, one in three women and one in four men have been a victim of physical violence by an intimate partner. Each day, more than 20,000 phone calls are made to the domestic violence hotline across the nation. Furthermore, studies conducted by the Crimes Against Children Research Center show that one out of five girls and one out of 20 boys have been sexually victimized.

While these statistics are both tragic and alarming, it is important to know that if you are served with a restraining order, you deserve to have your entire story heard and your case represented by an experienced attorney. Understanding the qualifications for restraining orders in Rhode Island and the procedure for contesting the order can be difficult without the help of a Rhode Island restraining order defense attorney. If you have been served with a restraining order and want to make sure that your side of the story is heard, give Brett V. Beaubien Esquire a call to discuss your case today. 

What to Do after Being Served with a Restraining Order 

The most important thing for you to do after this stressful and upsetting situation is to remain calm. The officers serving you with the order are simply doing their jobs, and if the situation escalates because of emotions, then it will only complicate the upcoming process that you will need to go through. Accept the order, and make plans to get the legal protection that you need and deserve.

Contact a restraining order lawyer as soon as possible and explain the situation. The longer you wait before partnering with an attorney, the more complicated the circumstances may become. We will work with you to get a complete understanding of the accusations leveled against you that the courts believed qualified for a protective order and make sure that all of the details are made clear from both sides of the story.

After you are served with a restraining order, you may be unable to return to your home, see your children, make contact with a loved one, and more. If the order becomes permanent, you may lose your right to live at your home permanently, among other long-term impacts that these orders can have. 

Reasons a Restraining Order May Be Issued

There are many legitimate reasons that a restraining order is issued in the state of Rhode Island. That said, there are many circumstances when these orders are issued because of spiteful or frivolous behavior on behalf of the person filing for the protective order. Even in cases when it seems that the reasons for the order are clearly improper or unlawful, the victim of these circumstances may be surprised to realize how complicated it is to have this order reversed in family court. This is when an attorney can make all the difference.

Domestic Abuse

Domestic abuse occurs when an abusive person causes or attempts to cause physical harm, creates an atmosphere that creates fear of imminent serious physical harm, forces or coerces their victims to have a sexual encounter against their will, or commits acts of stalking or cyberstalking.

Sexual Exploitation 

Sexual exploitation occurs when anyone knowingly or willfully coerces, aides, or helps a minor to carry out a “commercial sex act” or a “sexually explicit performance,” or sells a minor for commercially sexual purposes or coerces, aides, or helps a child to commit such acts.

Who Is Eligible to Apply for Restraining Orders in Rhode Island?

Understanding who is eligible to file restraining orders in Rhode Island is a crucial first step in understanding your rights after being issued one. If you are unsure, it is recommended that you connect with a Rhode Island restraining orders attorney to ensure that you are taking the appropriate steps to make it clear that this order is unnecessary.

An individual may be eligible to apply for a restraining order if they, or their child (under 18), has been the victim of domestic abuse that has been carried out by a spouse, previous spouse, parent (including step-parent), minor, current or former member of their family, or those related to them by blood (or through marriage).

Furthermore, they can file a restraining order against anyone that they have a child with even if they have never lived with the person, or weren’t married. This particular detail is often leveraged in the Rhode Island courts as a way to “punish” someone with an inappropriate restraining order.

Lastly, a child can file for a restraining order against anyone that has committed sexually exploitative acts against them (no matter the type of relationship). 

Fighting a Restraining Order

If you are in a situation where you have been served a restraining order for reasons that are either inaccurate or untruthful, then you need legal help immediately. Our team is ready to help you as soon as possible. Contact us to schedule an initial consultation, so that we can discuss the details of your circumstances and begin to develop a strategy to get your life back in order.

After the order is served, you will need to attend a hearing. In the meantime, there may be an immediate temporary restraining order that is filed against, you which you must absolutely honor, since violating the order will severely complicate our case. During the hearing, we will present information regarding the issues that were given for the reason the order was necessary, the type and length of the relationship between you and the filer, as well as whether or not any children are in danger. 

Working with a Rhode Island Restraining Orders Attorney

Successfully fighting restraining orders in Rhode Island can be a complex undertaking. Any mistakes or lack of information provided throughout the process can leave you in a situation where you are fighting against a permanent order or additional issues. Working with an experienced Rhode Island restraining order defense attorney can help to ensure that your likelihood of the whole story being heard is significantly improved. Give Brett V. Beaubien Esquire a call to schedule your initial consultation today. 

Contact The Law Office of Brett V. Beaubien today to get started with our Providence appeals attorney.