Many people Wrongfully Filing Abuse Complaint only to get Custody of Child

A Complaint Protection from Abuse in Rhode Island Family Court is intended to be used by  abuse victims legitimately seeking a restraining order.  The abuse calendar is intended for use by someone who has been physically abused by their spouse, the parent of their child or another family member. It also is intended to be used to protect against perpetrators who put him or her in fear of imminent physical harm. An abuse case could also be filed by victims of harassing, stalking or cyber-stalking. The RI Family Court abuse calendar is not intended for people who are misrepresenting facts or blowing incidents out of proportion.

Unfortunately, many people are using the Domestic abuse calendar for purposes it was not intended for

restraining order

Complaint protection from abuse

Many people are wrongfully using a restraining order only to get leverage in a custody, divorce, visitation or child support feud. When an abuse complaint is granted, the party who filed the restraining order typically obtains temporary custody of the child.  Sadly, when people file unsubstantiated complaints for abuse, it hurts the credibility of those who were in fact real victims of domestic violence and assault.

People often dismiss their complaint for abuse when it is time for a testimonial hearing to prove the grounds for the restraining order. Many of these instances involve cases in which the temporary restraining order was not legitimate in the first instance.

Why are people filing Complaints for Abuse rather than Miscellaneous petitions for custody?

Many people are filing pro se, representing themselves. Many of these people file on the domestic abuse calendar because it is easier. A domestic violence advocate is provided to help these people fill out the forms. Also, when the restraining order case is filed, the other side is not present, initially, to tell his side of the story. These restraining orders are almost always granted.

The initial abuse restraining order expires 20 days after the first hearing, unless extended by the judge. At that hearing, the other party will get a hearing and chance to tell their side of the story

A miscellaneous petition for custody or to establish visitation rights is much more complicated to file than an abuse restraining order. Restraining orders are serious business and should only be filed by legitimate victims! The alleged abuser could be arrested and spend time in jail as a result of a violation of an order protection from abuse.