May 6, 2014
RI Divorce and RI Restraining Order
Divorce can be difficult enough on a person, but a restraining order can make the matter more complicated. In Rhode Island a person may seek a a protective order/restraining order against a spouse if one can allege and prove after a hearing that person has suffered abuse or the treat of abuse such as:
-Threatened or harmed a person with a weapon
-Attempted to cause physical harm
-Placed you in fear of imminent physical harm
-Caused me to engage in involuntary in sexual relations by force, threat of force, or duress
It is important to note that once an application is made in the Family Court, the Judge may issue a temporary order and set the matter for a hearing within 21 days. If you obtain a temporary order, the court can order your spouse to be restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with you at home, on the street, at your employer and all other locations. The court may order your spouse to leave the home and not be able to return. Lastly, the court may give you temporary sole custody of the children you have in common. Violation of this order may result in a criminal charge and arrest which would be filed by a police department in the district court. The family court can also hear contempt charges for violation of this order.
A restraining order can further complicate a divorce as domestic violence may affect the division of assets, child custody and other critical aspects of your divorce. These are just a few of the issues that we can discuss with you to help resolve a Rhode Island divorce and/or a Rhode Island restraining order. Contact Attorney Alves at 401-942-3100 or www.AlvesLaw.com.