Protective Orders
Two Types of Protective Orders
No Contact Orders
A No Contact Order (NCO) is issued in connection with a criminal case at the time of arraignment.
It remains in effect throughout the duration of the criminal case and the defendant’s sentence.
Only a judge can remove the NCO, and only at the victim’s request.
The NCO will expire when the case is closed, or the sentence ends.
If children are not covered under the NCO, a separate Restraining Order may be necessary.
A Restraining Order can provide additional protection and last longer than an NCO.
Where to Apply:
- Family Court – Spouses, former spouses, shared children, related adults, juvenile dating
- District Court – Roommates (past 3 years), adult dating relationships (past year), sexual assault
- Superior Court – If you don’t qualify above. (Civil order, not arrestable). Fee to apply
Common Questions:
- Cost: Free in Family/District Court. Possible fee in Superior Court.
- How long does it last? TRO lasts up to 21 days. A final order can last up to 3 years.
- What if violated? Violations are criminal in Family/District Court. Civil in Superior. Report all violations to police or court.
Restraining Orders
Can be filed with or without a criminal case.
Apply in situations involving physical or sexual abuse, threats, or stalking.
Types of Restraining Orders are determined by the relationship:
- Family Court: Spouses, ex-spouses, shared children, related adults, juvenile dating.
- District Court: Adults living together or in a recent dating relationship, sexual assault cases.
- Superior Court: For individuals who don’t qualify under Family or District Court.
Temporary Restraining Orders (TROs) are valid for up to 21 days, pending a court hearing.
Final Restraining Orders can last up to 3 years and be extended.
Violations of Family or District Court orders are criminal offenses.
Violations of Superior Court orders are civil offenses and are handled through contempt proceedings.
No cost to file in Family or District Court. Superior Court may charge a fee, especially for out-of-state service.
Legal representation is optional but encouraged if children or custody are involved.
Contact RI Legal Services if you need help obtaining representation: (401) 274-2652.