Domestic Abuse Laws
Rhode Island
2001
CHAPTER 15-15
Domestic Abuse Prevention
Domestic Abuse Laws
Rhode Island
2001
CHAPTER 15-15
Domestic Abuse Prevention
§ 15-15-1 Definitions. – As used in this chapter:
(1) "Courts" means the family court;
(2) "Domestic abuse" means the occurrence of one or more of the following acts between present or former family members, parents, stepparents, or persons who are or have been in a substantive dating or engagement relationship within the past six (6) months in which at least one of the persons is a minor:
(i) Attempting to cause or causing physical harm;
(ii) Placing another in fear of imminent serious physical harm;
(iii) Causing another to engage involuntarily in sexual relations by force, threat of force, or duress;
(3) "Parents" means persons who together are the legal parents of one or more children, regardless of their marital status or whether they have lived together at any time;
(4) "Present or former family member" means the spouse, former spouse, minor children, stepchildren, or persons who are related by blood or marriage; and
(5) "Substantive dating" or "engagement relationship" means a significant and personal/intimate relationship which shall be adjudged by the court's consideration of the following factors:
(i) The length of time of the relationship;
(ii) The type of relationship;
(iii) The frequency of interaction between the parties.
§ 15-15-2 Filing of complaint. – (a) Proceedings under this chapter shall be filed, heard, and determined in the family court of the county in which the plaintiff resides and shall be independent of divorce proceedings.
(b) Any proceedings under this chapter shall not preclude any other available civil or criminal remedies.
(c) A party filing a complaint under this chapter may do so without payment of any filing fee, but shall be required to disclose any prior or pending actions for divorce or separation.
(d) If the plaintiff has left the residence or household to avoid abuse, he or she may bring the action in the court of previous residence or the court of present residence. There shall be no minimum residence requirements for the bringing of an action under this chapter.
§ 15-15-3 Protective orders – Penalty – Jurisdiction. – (a) A person suffering from domestic abuse may file a complaint in the family court requesting any order which will protect and support her or him from abuse including, but not limited to, the following:
(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere, whether the defendant is an adult or a minor;
(2) Ordering the defendant to vacate the household immediately;
(3) Awarding the plaintiff custody of the minor children of the parties, if any;
(4) After notice to the respondent and a hearing, ordering either party to make payments for the support of a minor child or children of the parties as required by law for a period not to exceed ninety (90) days.
(b) Upon motion by the plaintiff, his or her address shall be released only at the discretion of the family court judge.
(c) Any violation of the protective orders in subsection (a) shall subject the defendant to being found in contempt of court.
(2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order, upon motion of the plaintiff for any additional time that it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.
(d) Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
(2) The penalties for violation of this section shall also include the penalties as provided by § 12-29-5.
(e) Actual notice means that the defendant has received a copy of the order by service or by being handed a copy of the order by a police officer pursuant to § 15-15-5(d).
(f) The district court shall have criminal jurisdiction over all adult violations of this chapter.
(2) The family court shall have jurisdiction over all juvenile violations of this chapter.
§ 15-15-4 Temporary orders – Ex parte proceedings. – (a) Upon the filing of a complaint under this chapter, the court may enter any temporary orders it deems necessary to protect the plaintiff from abuse, including relief as provided in chapter 5 of this title.
(2) If it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within a time after entry, not to exceed twenty-one (21) days, that the court fixes, unless within the time fixed, the order by consent or for good cause shown and after a hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for a hearing within a reasonable time and may be given precedence of all matters except older matters of the same character, and when the matter comes on for a hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 15-15-3 and, if he or she does not do so, the court shall dissolve the temporary order.
(b) When the court is unavailable after the close of business a family court judge may grant relief to the plaintiff as provided in this chapter. At the discretion of the judge, the relief may be granted and communicated by telephone to an officer of the appropriate law enforcement agency who shall record the order on a form of order promulgated for that use by the chief judge of the family court and shall deliver a copy of the order on the next court day to the clerk of the court.
(2) In addition, when there is no family court in session at a location when a division of the district court is in session, the district court judge at the division is authorized to grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
(3) No temporary order shall be granted pursuant to the provisions of subsection (b)(1) unless it clearly appears from specific facts shown in plaintiff 's written statement that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing is held.
(4) Any temporary order granted pursuant to the provisions of subsection (b)(1) expires at the close of the next business day unless a longer time is granted by the family court judge.
(c) Any order issued under this section and any documentation in support of it shall be filed immediately with the clerk of the family court. Filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter, but shall not be deemed necessary for an emergency order issued under this chapter to take effect.
(d) The clerk of the family court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.
§ 15-15-4.1 Return of service/alternate service. – (a) The complaint and any order issued under this chapter shall be personally served upon the defendant by a sheriff except as provided in subsections (c), (d) and (f) of this section. Service shall be made without payment of any fee when service is made by a sheriff. At the election of the plaintiff, service pursuant to the subsection may also be made by a constable authorized to serve process of the family court pursuant to § 45-16-4.3. The constable shall be entitled to receive the fee allowed by law for the service of a family court summons. Where the defendant is a minor, the complaint and any order issued under this chapter shall also be personally served upon a parent or guardian of the minor.
(b) Return of service shall be forwarded by the sheriff or constable to the clerk of court prior to the date set down for the hearing on the complaint. If service has not been made, the sheriff or constable shall indicate on the summons the reason and the attempts made to serve the defendant.
(c) At the time the return of service is sent to the clerk of the court, the sheriff or constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.
(d) If, at the time of the hearing on the complaint, the court determines that after diligent effort the sheriff or constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff 's ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at the defendant's last known address (excluding the residence which he or she has been ordered to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing there, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for the hearing on the complaint and shall extend the temporary order until that date.
(e) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
(f) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the family court will mail the defendant a copy of the resulting order.
§ 15-15-5 Duties of police officers. – (a) Whenever any police officer has reason to believe that a family member or parent has been abused, that officer shall use all reasonable means to prevent further abuse, including:
(1) Remaining on the scene as long as there is a danger to the physical safety of the person or until the person is able to leave the dwelling unit;
(2) Assisting the person in obtaining medical treatment necessitated by an assault, including obtaining transportation to an emergency medical treatment facility;
(3) Giving the person immediate and adequate notice of his or her rights under this chapter;
(4) Arresting the abusive person pursuant to the arrest provisions in § 12-29-3.
(5) Reporting any physical injury to a minor child or a threat to physically injure a minor child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and neglect tracking system).
(b) Notice by the police officer to the victim shall be by handing the victim a copy of the following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian, Vietnamese, and French, and by reading the statement to the person when possible:
"If your attacker is your spouse, former spouse, or person to whom you are related by blood or marriage, or if you are not married to your attacker but have a child in common, or if you and/or your attacker is a minor who have been in a substantive dating or engagement relationship within the past six (6) months, you have the right to go to the family court and request:
"(1) An order restraining your attacker from abusing you or your minor child;
"(2) An order awarding you exclusive use of your marital domicile;
"(3) An order awarding you custody of your minor child."
"If you are not married or related to your attacker, but have resided with him or her within the past three (3) years, or you are in or have been in a substantive dating or engagement relationship with your attacker within the past six (6) months, you have the right to go to the district court and request:
"(1) An order restraining your attacker from abusing you;
"(2) An order directing your attacker to leave your household, unless he or she has the sole legal interest in the household."
"If you are in need of medical treatment, you have the right to have the officer present obtain transportation to an emergency medical treatment facility.
"If you believe that police protection is needed for your physical safety, you have the right to have the officer present remain at the scene until you and your children can leave or until your safety is otherwise ensured.
"You have the right to file a criminal complaint with the responding officer or your local police department if the officer has not arrested the perpetrator."
(c) A police officer shall ensure enforcement of the terms of a protective order issued pursuant to this chapter including, but not limited to, accompanying a family member or parent to his or her dwelling or residence in order to secure possession of the dwelling or residence.
(d) When service of the temporary order issued pursuant to § 15-15-4 has not been made and/or after a permanent order is entered, a police officer shall give notice of the order to the defendant by handing him or her a certified copy of the order. The officer shall indicate that he or she has given notice by writing on the plaintiff 's copy of the order and the police department's copy of the order, the date and time of giving notice and the officer's name and badge number. The officer shall indicate on the offense report that actual notice was given.
§ 15-15-6 Form of complaint. – (a) A form in substantially the following language shall suffice for the purpose of filing a complaint under this chapter:
STATE OF RHODE ISLAND FAMILY COURT
COUNTY OF ]]]]]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] :
Plaintiff :
:
VS. : F.C. NO.
:
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] :
Defendant :
Pursuant to Chapter 15 of this title I request that the court enter an order protecting me from abuse.
(1) My full name, present street address, city, and telephone number are as follows:
(2) My former residence, which I have left to avoid abuse, is as follows (street address and city):
(3) The full name, present street address, city, and telephone number of the person causing me abuse (the defendant) are as follows:
(4) My relationship to the defendant is as follows:
]]]]]] We (are) (were formerly) married to one another.
]]]]]] I am the defendant's (child) (parent).
]]]]]] I am the blood relative or relative by marriage of the defendant; specifically, the defendant is my .
]]]]]] I and the defendant are together the legal parents of one (1) or more children.
(5) On or about ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]], I suffered abuse when the defendant:
]]]]]] Threatened or harmed me with a weapon; (type of weapon used: ]]]]]]]]]]]]]]]])
]]]]]] Attempted to cause me physical harm;
]]]]]] Caused me physical harm;
]]]]]] Placed me in fear of imminent physical harm;
]]]]]] Caused me to engage involuntarily in sexual relations by force, threat of force, or duress. Specifically, the defendant
(6) I ask that:
]]]]]] The court order that the defendant be restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with the plaintiff at home, on the street or elsewhere.
]]]]]] The court order the defendant to immediately leave the household which is located at
]]]]]] The court award me temporary custody of the following minor child(ren) (the defendant and I are husband and wife):
Names Date of Birth
That
I request that the above relief be ordered without notice because it clearly appears from specific facts shown by affidavit or by the verified complaint that I will suffer immediate and irreparable injury, loss, or damage before notice can be served and a hearing had thereon. I understand that the court will schedule a hearing no later than twenty-one (21) days after the order is entered on the question of continuing the temporary order.
(7) I have not sought protection from abuse from any other judge of the family court arising out of the facts or circumstances alleged in this complaint.
(8) That the court award me support for my minor children as required by law for a period not to exceed ninety (90) days.
(Signature) (Date)
Subscribed and sworn to before me in ]]]]]]]]]]]]]]]]]]]]]]]]]]]] in the county of ]]]]]]]]]]]]]]]]]]]]]]]]]]]] in the state of Rhode Island and Providence Plantations, this ]]]]]]]]]] day of ]]]]]]]]]]]]]]]]]]]]]]]]]]]] A.D. 20]]]]]]]].
Notary Public
Note: If this complaint is filed by an attorney, the attorney's certificate should appear as below:
Signed:
Attorney for Plaintiff
Address:
Date: ]]]]]]]]]]]]]]]]]]]], 20]]]]]]
WHITE COPY – Court
YELLOW COPY – Plaintiff
PINK COPY – Defendant
GOLDENROD COPY – Police Department
(b) A form in substantially the following language shall suffice for the purpose of requesting temporary orders under this chapter:
STATE OF RHODE ISLAND FAMILY COURT
COUNTY OF ]]]]]]]]]]]]]]]]]]]]
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] :
Plaintiff :
:
VS. : F.C. NO.
:
]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] :
Defendant :
Upon consideration of plaintiff 's complaint and having found that immediate and irreparable injury, loss, or damage will result to the plaintiff before a notice can be served and a hearing had thereon it is ORDERED:
]]]]]] That the defendant is restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with plaintiff at home, on the street, or elsewhere.
]]]]]] That the defendant vacate immediately the household located at
.
]]]]]] That the plaintiff, being the [husband] [wife] of the defendant, be and [s]he hereby is awarded temporary custody of the minor child[ren], to wit,
]]]]]] That the defendant pay to the plaintiff the support of the minor child(ren) the sum of $]]]]]] per ]]]]]].
]]]]]] That
A hearing on the continuation of this ORDER will be held at the family court, ]]]]]]]]]]]]]]]]]]]] County, at ]]]]]]]]]] [A.M.] [P.M.] on ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]. If the defendant wishes to be heard, [s]he will be heard at that time. If [s]he does not appear at that time, this ORDER shall remain in effect.
This ORDER is effective immediately, and will remain in effect until the time and date of the above-mentioned hearing.
A copy of this ORDER shall be transmitted to the appropriate local law enforcement agency immediately, and shall be served in-hand on the defendant.
ENTERED as an order of court this ]]]]]]]]]] day of ]]]]]]]]]]]]]]]]]]]]]]]], A.D. 20].
§ 15-15-7 Notice of penalty. – Each protective order issued under this chapter, including a temporary ex parte order, shall have the following statement printed in bold faced type or in capital letters:
A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS ONE THOUSAND DOLLARS ($1,000) AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING.
§ 15-15-8 Enforcement of foreign protective orders. – (a) A person requesting enforcement of a foreign protective order in this state shall present a certified copy of the order to the appropriate law enforcement agency. The law enforcement agency shall act upon the order in the same manner as upon an order for protection issued by a district or family court of this state. Law enforcement agencies shall record the time and date of receipt of the orders presented.
(b) No liability, civil or criminal, shall attach to any police officer who, acting in good faith, enforces a foreign protective order which is later found to be unenforceable upon review by a Rhode Island court.
(c) Any person who provides a police officer with a copy of a writing purporting to be a foreign restraining order as defined in this section knowing that no valid foreign restraining order is in effect shall be guilty of a misdemeanor.
