The victim who has a no contact order as a result of the criminal charges may also file a complaint protection from abuse in RI Family Court. The Providence Family Court’ jurisdiction includes issuing a protection from abuse RO for three years.(one year if there is a restraining order on behalf of a child, also)
The Kent County, Washington County, Newport County and Providence Family Court may issue restraining orders for litigants who are married, divorced, certain family members or people who have children in common as well as other jurisdiction set forth in the statute. If the parties do not have a child and have been in a dating relationship then the jurisdiction for the RO is at the RI District Court.
Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself
Violation of an abuse complaint in Providence Family court or a District Court abuse RO may be a violation of probation, conditions of bail or conditions of a one year filing. There are two types of Rhode Island Family Court Restraining orders, (1) “Complaint Protection from Abuse” and (2) a civil restraining order.
Is Violating a Family Court civil restraining order, which is not an order protection from abuse, a crime?
No. A violation of a Newport, Washington, Kent or Providence County civil, domestic Family Court restraining order that is NOT a Complaint Protection from Abuse RO is not a crime. The police will not make an arrest if someone violates one of these RO unless the actions and conduct of such violation is a crime in itself. If a husband, wife or other domestic litigant violates this kind of RO, it may be is punishable by a contempt finding and contempt penalty.
Civil domestic Restraining orders are not as powerful nor effective as Complaint protection from abuse restraining orders. Civil domestics restraining orders are usually an order in a RI divorce, post divorce or miscellaneous custody or visitation cause of action.
In a complaint protection from abuse filed in RI Family Court may the justice issue orders concerning visitation, child custody and child support.
Yes. In a Complaint Protection from Abuse case, the RI 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 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 possession of all firearms / guns to the Police department.
Is a violation of a Rhode Island District Court Restraining order a crime?
Yes. These types of cases are not criminal cases yet a violation of this RO is a crime in itself.
What is the RI District Court jurisdiction for Restraining orders?
If the RO in Rhode Island and Providence Plantations is sought against a current boyfriend or current gf or an ex-bf or ex-girlfriend who you had a substantive dating relationship within the prior year but you have no child or children with, then the RI District Court is the correct court for litigating the restraining order. If a litigant has child with a current or ex-boyfriend/ ex-girlfriend then the RO needs to be pursued in the RI Family Court system of justice. AN RO against a roommate that you currently reside with is a District Court matter.
“Under VAWA, the concept of Temporary Restraining Order (TRO) enforcement was given state to state reciprocity, meaning a valid order filed and served in Ohio was enforceable in Maine, and everywhere else nationally. Once the local cops arrived on scene and verified that the order was in force, they could lock up the suspect for crossing state lines to harass, intimidate, threaten, stalk, or hurt the victim. But just how effective are restraining orders in these highly-emotional, always-volatile situations, where a piece of official-looking paper is supposed to serve as a figurative bulletproof shield? Studies on the efficacy of TROs vary widely, with one suggesting they are effective in keeping victims safe about 85 percent of the time, while another report suggests a less optimistic 15 percent success rate. So let us split the difference and say that restraining orders work about half the time and the other half, they don’t. Why or why not?” Do Domestic Violence Restraining Orders Ever Really Work?Renewing the violence against women act Posted Jul 27, 2012 https://www.psychologytoday.com/blog/the-act-violence/201207/do-domestic-violence-restraining-orders-ever-really-work