RI Supreme Court explains Domestic Abuse and Restraining Orders

Domestic Abuse can occur in the homes of good people when emotions run high.  Some  believe that the Rhode Island Family Court will not issue a civil restraining order unless a person has been struck or been subject to the threat of immediate physically harm.  On June 16, 2014, the RI Supreme Court clarified that physical harm or an immediate threat of physical harm is not the necessary in order to obtain protection from the court.  Many people appear without lawyers in Domestic Abuse - Restraining Orders cases.

The Supreme Court reviewed a case whereby a former wife testified that the other parent made several telephone calls using a gruff tone of voice and vulgar language; these calls occurred in the aftermath of a motion in Family Court.  His words did not threaten immediate physical harm and he admitted that his tone of voice was gruff and contained vulgarities. 

The Magistrate who heard the case indicated that it was not a case of physical violence or threats of physical violence.  She further explained that this case was about “harassment and intimidation”.

The RI statute defines domestic abuse in several ways.  One definition of domestic abuse is “stalking” which means harassing another person or… and “harassing” is defined as “following a knowing and willful course of conduct directed at a specific person with intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose”.  The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury”. 

The Supreme Court found that since one person had repeatedly harassed the other with vulgar language in a threatening tone (demeanor) and had placed her in fear of physical harm, a civil restraining order was appropriate.

If you are subject to continued harassing messages or conversations, you may be entitled to a Family Court Restraining Order.  Steven Hirsch can help you.