§ 8-8.1-1. Definitions. The following words as used in this chapter shall have the following meanings: (1) “Cohabitants” means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the […]
§ 8-8.1-2. Filing of complaint. (a) Proceedings under this chapter shall be filed, heard, and determined in the district court of the division in which the plaintiff resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a complaint under this chapter may do so without […]
§ 8-8.1-3. Protective orders — Penalty — Jurisdiction. (a) A person suffering from domestic abuse may file a complaint in the district court requesting any order that will protect her or him from the abuse, including, but not limited to, the following: (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting, molesting, […]
§ 8-8.1-4. Temporary orders — Ex parte proceedings. (a)(1) Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse. (2) If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will […]
§ 8-8.1-4.1. Report to law enforcement agency. Whenever the court grants a temporary order pursuant to § 8-8.1-4 based on a complaint alleging that a minor is suffering from domestic abuse, the court shall ensure that the appropriate law enforcement agency is notified of the complaint. History of Section.P.L. 1988, ch. 539, § 3.
§ 8-8.1-4.2. Return of service — Alternate service. (a) The complaint and any order issued under this chapter shall be personally served upon the defendant by a deputy sheriff or certified constable except as provided in subsections (c), (d), and (f) of this section. Service shall be made without payment of any fee when service […]
§ 8-8.1-5. Duties of police officers. (a) Whenever any police officer has reason to believe that a cohabitant or minor 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 danger to the physical safety of the person or until […]
§ 8-8.1-6. 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 DISTRICT COURT COUNTY OF ________ ______ DIVISION _________________________________________ : Plaintiff : : VS : NO: : _________________________________________ : Defendant : COMPLAINT FOR PROTECTION FROM ABUSE Pursuant […]
§ 8-8.1-7. Notice of penalties — Notice of renewal. Each protective order issued under this chapter, including a temporary ex-parte order, shall have the following statements 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 […]
§ 8-8.1-8. Appeal. An order granting relief pursuant to § 8-8.1-3 shall remain in effect during the pendency of the appeal to the superior court unless the order is stayed by a justice of the superior court. History of Section.P.L. 1985, ch. 492, § 2; P.L. 1991, ch. 213, § 1.
