Q: Rights and options regarding a protective order in Rhode Island from an abusive ex and potential police involvement.
I am in Rhode Island, and my ex, who was verbally and emotionally abusive, obtained a protective order against me. This was due to the number of emails I sent him in anxiety, stress, and sadness in response to his initial email, which the judge saw as harassment, despite no threats being made. During the hearing, the judge didn’t allow me to fully explain my side. The order prevents me from contacting my ex directly or indirectly. The court advocates informed me there's no distance restriction, meaning I can be in public spaces without being asked to leave, provided I’m not interacting with him. I have documentation of the emails and our texts, and I believe my ex is using this order as a form of control and retaliation. What are my rights in this situation? Can he call the police on me unreasonably? Will law enforcement take his word without question? Any advice on handling this situation would be greatly appreciated.
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A:
You have the right to appeal the order if you believe it was unfairly granted. Appeals must typically be filed shortly after the order is granted, so consulting with a lawyer quickly is important. Many Rhode Island attorneys offer free initial consultations to discuss your options.
Regarding police involvement, law enforcement must enforce valid protective orders, but they should investigate the circumstances before making arrests. Even non-threatening contact can be considered a violation, so be mindful of your actions in public spaces. While there's no distance restriction as the court advocates told you, documenting all interactions is crucial for your protection. Keep copies of all communications and a record of any encounters, especially if you believe your ex might make false claims.
You might want to consider filing a motion to modify the existing order. Either party can ask the judge to change the order at any time by filing a motion with the court. This could give you another opportunity to present your side more fully, especially if you feel the judge didn't allow you adequate time during the initial hearing. Working with a domestic abuse advocate or lawyer who understands the Rhode Island court system would strengthen your position and help ensure your rights are protected during this challenging time.
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