Under Rhode Island law, taking out a restraining order against a spouse, former spouse, or a boyfriend / girlfriend is a relatively easy process. Typically, when a person is in fear for their immediate safety, they can request a restraining order by filling out an affidavit at the courthouse. A temporary restraining order will be issued and a hearing set to determine if the order should be extended. At Moyer Law, PC, we represent clients who are in need of a restraining order, as well as those who suddenly find themselves with an order against them. Since evidence and eye-witness testimony can be introduced at the second hearing, it is especially important to have a skilled restraining order lawyer present who can defend your interests, protect your rights, and explain the options available to you.
Getting a Restraining Order
While a restraining order may not be hundred percent effective in providing total protection, it notifies law enforcement and the court of your situation.
Should a restraining or protection order be violated, the authorities can immediately arrest and detain the person threatening you. Additionally, violating a restraining order can result in criminal charges, jail, fines, a permanent criminal record. While a restraining order may not ultimately prevent violence, they have the advantage of involving law enforcement early on, making it more difficult for someone to harm you.
Facing a Restraining Order
It’s not unusual for an angry ex-spouse or boyfriend / girlfriend to use one to make someone’s life difficult. Since they are issued without prior notice, they can cause substantial disruption to your life. Not only may you be unaware when one is issued against you, once it is in effect you can be arrested if you are alleged to have violated the restraining order. As a result, a restraining order has the potential to turn into a serious criminal charge and create further legal problems – especially when child custody or visitation is involved.
Our RI restraining order attorneys take pre-emptive action in cases where a restraining order is clearly being used to complicate our client’s life and leverage certain issues in a divorce or family law dispute.
If you are unsure what to do if you are under the threat of violence or are facing a restraining order, email Attorney Don P. Moyer or call at (401) 461-7800 today.