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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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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:
SPOUSE, FORMER SPOUSE, BLOOD RELATIVE,
CHILDREN IN COMMON, MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT
RELATIONSHIP.
"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."
UNMARRIED/NOT RELATED COHABITANTS WITHIN
THE PAST THREE YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR
ENGAGEMENT RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS
"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."
ADDITIONAL RIGHTS.
"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.
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§ 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 :
COMPLAINT FOR PROTECTION FROM ABUSE
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:
ATTORNEY CERTIFICATE
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 :
TEMPORARY ORDER PURSUANT TO CHAPTER
15 OF THIS TITLE GENERAL LAWS OF RHODE ISLAND
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].
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§ 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.
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§ 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 theappropriate 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.
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