Legal Question in Family Law in Rhode Island

Restraing order

can a judge give a verbal restraing order and not give the accused any paperwork?


Asked on 3/07/09, 9:11 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: Restraing order

A family court judge has the authority to make a verbal Order from the bench, but it should be memorialized in a written Order or at least a notation in the court's file that you should have access to. Verbal Orders are usually taken down by the court stenographer and therefore a written record is made of it.

The more important point for the court's purposes is not whether you receive a specific document from the court, the State's Attorney, or the Movant's attorney. It is most important as to whether you have actual notice of the Order and its terms by hearing it.

Depending upon the circumstances it is often the job of the Movant's Attorney to prepare an Order and submit it to the court and the opposing party.

The "accused" is a bit vague here so I have done my best to provide you with the answer to what I believe your question to be.

I hope this has been of help to you.

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Answered on 3/08/09, 9:54 am


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