2018 -- H 7889 SUBSTITUTE A

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LC004855/SUB A/3

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- DOMESTIC ASSAULT

     Introduced By: Representatives Tanzi, and McEntee

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic

Assault" is hereby amended to read as follows:

     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 which will protect her or him from the abuse, including but not limited to

any or all of the following terms:

     (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 minor;

     (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

sole legal interest in the household;

     (3) Upon motion by the plaintiff, his or her address shall be released only at the discretion

of the district court judge;

     (4) Ordering the defendant to surrender physical possession of all firearms in his or her

possession, care, custody, or control and shall further order a person restrained not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective

order to the Rhode Island state police or local police department or to a federally licensed

firearms dealer.

     (b) Upon a finding of immediate risk of injury or harm pursuant to § 8-8.1-4, the court

shall enter, in addition to any other relief granted, an ex parte order granting the relief requested,

including ordering the immediate surrender of any firearms in the defendant's possession, care,

custody or control and shall further order a person restrained under this section not to purchase,

receive or attempt to purchase or receive any firearms, pending a hearing on the merits which

shall be held within twenty-one (21) days.

     (1) A defendant ordered to surrender firearms shall, within twenty-four (24) hours of

notice of the protective order, surrender all firearms to the Rhode Island state police or local

police department or to a federally licensed firearms dealer.

     (i)(2) A person ordered to surrender possession of any firearm(s) pursuant to this section

shall, within seventy-two (72) hours after being served with the order, either:

     (A)(i) File with the court a receipt showing the firearm(s) was physically surrendered to

the Rhode Island state police or local police department, or to a federally licensed firearm dealer;

or

     (B)(ii) Attest to the court that, at the time of the order, the person ordered to surrender

possession of firearms had no firearms in his or her immediate physical possession or control, or

subject to his or her immediate physical possession or control, and that the person, at the time of

the attestation, has no firearms were in or subject to his or her immediate physical possession or

control or subject to his or her immediate physical possession or control.

     (iii) Sworn peace officers as defined in § 12-7-21 and active members of military service,

including members of reserve components thereof, who are required by law or departmental

policy to carry departmental firearms while on duty, or any person who is required by their

employment to carry a firearm in the performance of their duties, shall, in addition to the

requirements under subsections (b)(2)(i) and (b)(2)(ii) of this section, file an attestation of

exemption with the court certifying that they are exempt from surrendering their departmental

firearm, and that they shall be abide by the restrictions set forth in § 8-8.1-3(i).

     (iv) Notices of surrender or attestations filed with the district court pursuant to subsection

(b)(2)(i), (b)(2)(ii) or (b)(2)(iii) of this section shall be kept under seal and shall not be part of the

public record.

     (ii)(v) If a person restrained under this section transfers a firearm(s) to a federally

licensed firearms dealer pursuant to this section, the person restrained under this section may

instruct the federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in

accordance with state and federal law, to a qualified named individual who is not a member of the

restrained person's dwelling house, who is not related to the restrained person by blood, marriage,

LC004855/SUB A/3 - Page 2 of 16

or relationship as defined by § 15-15-1(7), and who is not prohibited from possessing firearms

under state or federal law. The owner of any firearm(s) sold shall receive any financial value

received from its sale, less the cost associated with taking possession of, storing, and transferring

of the firearm(s).

     (iii)(vi) Every individual to whom possession of a firearm(s) is transferred pursuant to

this subsection shall be prohibited from transferring or returning any firearm(s) to the person

restrained under this section while the protective order remains in effect and shall be informed of

this prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a

fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less

than one year and not more than five (5) years, or both.

     (iv)(vii) An individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from

purchasing, carrying, transporting, or possessing firearms has expired and has not been extended.

     (b)(c) After notice to the respondent defendant and after a hearing, which shall be held

within fifteen (15) days of surrendering said firearms, if the complaint is granted, the court, in

addition to any other restrictions, may, for any protective order issued or renewed on or after July

1, 2017, continue the order of surrender, and shall further order a person restrained under this

section not to purchase or receive, or attempt to purchase or receive, any firearms while the

protective order is in effect shall make whatever orders it deems necessary for the protection of

the plaintiff from abuse, and in addition, the court shall extend the ex parte order of firearm(s)

surrender, or if no such ex parte order was previously made, the court shall order the immediate

surrender of any firearms in the defendant's possession, care, custody or control and shall further

order a person restrained under this section not to purchase, receive, or attempt to purchase or

receive, any firearms while the protective order is in effect.

     (c)(d) The district court shall provide a notice on all forms requesting a protective order

that a person restrained under this section shall be ordered pursuant to § 11-47-5, to surrender

possession or control of any firearms and not to purchase or receive, or attempt to purchase or

receive, any firearms while the restraining order is in effect. The form shall further provide that

any person who has surrendered their firearms pursuant to an ex parte order shall be afforded a

hearing within fifteen (15) days of surrendering their firearms contemporaneously with the

hearing on the merits of the underlying complaint for a protective order.

     (d)(e) Any firearm surrendered in accordance with this section to the Rhode Island state

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police or local police department shall be returned to the person formerly restrained under this

section upon their request when:

     (1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

     (2) The law enforcement agency in possession of the firearms determines that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

     (3) The person required to surrender his or her firearms pursuant to this section shall not

be responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e)(f) The Rhode Island state police are authorized to develop rules and procedures

pertaining to the storage and return of firearms surrendered to the Rhode Island state police or

local police departments pursuant to this section. The Rhode Island state police may consult with

the Rhode Island Police Chiefs' Association in developing rules and procedures.

     (f)(g) Nothing in this section shall be construed to limit, expand, or in any way modify

orders issued under §§ 12-29-4 or 15-5-19.

     (g)(h) Nothing in this section shall limit a defendant's right under existing law to petition

the court at a later date for modification of the order.

     (h)(1) When a defendant files a motion with the court for a modification of an order to

surrender their firearm(s), the The court shall immediately notify the person suffering from

domestic abuse whose complaint gave rise to the protective order, the Rhode Island state police,

the attorney general and the local law enforcement agency of the city or town in which where the

person restrained under this section resides, of the hearing.

     (i)(2) The person suffering from domestic abuse, the Rhode Island state police, the

attorney general, local law enforcement, and the person restrained under this section shall all have

an opportunity to be present and to testify when the court considers the petition motion for

modification.

     (j)(3) At the hearing, the person restrained under this section shall have the burden of

showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or

she would not pose a danger to the person suffering from domestic abuse or to any other person

and that possession of a firearm while subject to the protective order already granted after a

hearing on the merits would not constitute a federal crime under 18 U.S.C. §§ 922(G)(8) and/or

(9).

LC004855/SUB A/3 - Page 4 of 16

     (1) In determining whether to restore a person's firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person

suffering from domestic abuse or any other person.

     (2)(4) If the court determines, after a review of all relevant evidence and after all parties

have had an opportunity to be heard, that the person restrained under this section would not pose

a danger to the person suffering from domestic abuse or to any other person if his or her firearm

rights were restored, then the court may grant the petition and modify the protective order and lift

the firearm prohibition.

     (3)(5) If the court lifts a person's firearms prohibition pursuant to this subsection, the

court shall issue the person written notice that he or she is no longer prohibited under this section

from purchasing or possessing firearms while the protective order is in effect.

     (k)(i) The prohibition against possessing a firearm(s) due solely to the existence of a

domestic violence restraining order issued under this section shall not apply with respect to sworn

peace officers as defined in § 12-7-21 and active members of military service, including members

of the reserve components thereof, who are required by law or departmental policy to carry

departmental firearms while on duty or any person who is required by his or her employment to

carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this

exception may possess a firearm only during the course of his or her employment. Any firearm

required for employment must be stored at the place of employment when not being possessed for

employment use; all other firearm(s) must be surrendered in accordance with this section.

     (l)(j)(1) Any violation of the aforementioned protective order requirements of this section

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 such additional time as the court deems necessary to protect the

plaintiff from abuse. The court may modify its order at any time upon motion of either party.

     (m)(k) No order shall issue under this section that would have the effect of compelling a

defendant who has the sole legal interest in a residence to vacate that residence.

     (n) 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

LC004855/SUB A/3 - Page 5 of 16

to exceed three (3) years, at the expiration of which time the court may extend any order upon

motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from

abuse. The court may modify its order at any time upon motion of either party.

     (o)(l)(1) Any violation of a protective order under this chapter of which the defendant has

actual notice shall be a misdemeanor that 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.

     (p)(2) The penalties for violation of this section shall also include the penalties provided

under § 12-29-5.

     (q)(m) "Actual notice" means that the defendant has received a copy of the order by

service thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d).

     (r)(n) The district court shall have criminal jurisdiction over all violations of this chapter.

     SECTION 2. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby amended to read as follows:

     15-15-3. Protective orders -- Penalty -- Jurisdiction.

     (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the

director of the department of children, youth and families ("DCYF") or its designee for a child in

the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or

sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting

any order that will protect and support her or him that person from abuse or sexual exploitation,

including, but not limited to, any or all of the following terms:

     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, sexually exploiting, or 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) Ordering the defendant to surrender physical possession of all firearms in his or her

possession, care, custody, or control and shall further order ordering a person so restrained not to

purchase or receive, or attempt to purchase or receive, any firearms while the protective order is

in effect. The defendant shall surrender said firearms within twenty-four (24) hours of notice of

the protective order to the Rhode Island state police or local police department or to a federally

licensed firearms dealer.

     (5) Ordering, after notice to the defendant and a hearing, either party to make payments

for support of a minor child or children of the parties as required by law for a period not to exceed

ninety (90) days, unless the child support order is for a child or children receiving public

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assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the department of

human services, office of child support enforcement, shall be notified as a party in interest to

appear for the purpose of establishing a child support order under a new or existing docket

number previously assigned to the parties and not under the protective docket number. The child

support order shall remain in effect until the court modifies or suspends the order.

     (b) Upon a finding of immediate risk or injury or harm pursuant to § 15-15-4, the court

shall, in addition to any other relief granted, enter an ex parte order granting the relief requested,

including ordering the immediate surrender of any firearms in the defendant's possession, care,

custody or control and prohibiting the defendant from purchasing, receiving or attempting to

purchase or receive any firearms, pending a hearing on the merits within twenty-one (21) days.

     (1) A defendant ordered to surrender firearms shall, within twenty-four (24) hours of

notice of the protective order, surrender all firearms to the Rhode Island state police or local

police department or to a federally licensed firearms dealer.

     (i)(2) A person ordered to surrender possession of any firearm(s) pursuant to this section

shall, within seventy-two (72) hours after being served with the order, either:

     (A)(i) File with the court a receipt showing the firearm(s) was physically surrendered to

the Rhode Island state police or local police department, or to a federally licensed firearms dealer;

or

     (B)(ii) Attest to the court that, at the time of the order, the person ordered to surrender

possession of firearms had no firearms in his or her immediate physical possession or control, or

subject to their immediate physical possession or control, and that the person, at the time of the

attestation, has no firearms were in or subject to their immediate physical possession or control,

or subject to their immediate physical possession or control.

     (iii) Sworn peace officers as defined in § 12-7-21 and active members of military service,

including members of the reserve components thereof, who are required by law of departmental

policy to carry departmental firearms while on duty, or any person who is required by their

employment to carry a firearm in the performance of their duties, shall, in addition to the

requirements under subsections (b)(2)(i) and (b)(2)(ii) of this section, file an attestation of

exemption with the court certifying that they are exempt form surrendering their departmental

firearm, and that they will abide by the restrictions as set forth in § 15-15-3(i).

     (iv) Notices of surrender or attestations filed with the family court pursuant to subsection

(b)(2)(i), (b)(2)(ii) or (b)(2)(iii) of this section shall be kept under seal and shall not be part of the

public record.

     (ii)(v) If a person restrained under this section transfers a firearm(s) to a federally

LC004855/SUB A/3 - Page 7 of 16

licensed firearms dealer pursuant to this section, the person restrained under this section may

instruct the federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in

accordance with state and federal law, to a qualified named individual who is not a member of the

restrained person's dwelling house, who is not related to the restrained person by blood, marriage,

or relationship as defined by § 15-15-1(7), and who is not prohibited from possessing firearms

under state or federal law. The owner of any firearm(s) sold shall receive any financial value

received from its sale, less the cost associated with taking possession of, storing, and transferring

of the firearm(s).

     (iii)(vi) Every individual to whom ownership of a firearm(s) is transferred pursuant to

this subsection shall be prohibited from transferring or returning any firearm(s) to the person

restrained under this section while the protective order remains in effect and shall be informed of

this prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a

fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less

than one year and not more than five (5) years, or both.

     (iv)(vii) An individual to whom ownership of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from

purchasing, carrying, transporting, or possessing firearms has expired and has not been extended;

     (5) 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, unless the child support order is for a child or children receiving public

assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of

taxation, child support enforcement, shall be notified as a party in interest to appear for the

purpose of establishing a child support order under a new or existing docket number previously

assigned to the parties and not under the protective docket number. The child support order shall

remain in effect until the court modifies or suspends the order.

     (b)(c) After notice to the respondent defendant and after a hearing, which shall be held

within fifteen (15) days of surrendering said firearms, if the complaint is granted, the court, in

addition to any other restrictions, may, for any protective order issued after or renewed on or after

July 1, 2017, continue the order of surrender, and shall further order a person restrained under this

section not to purchase or receive, or attempt to purchase or receive, any firearms while the

protective order is in effect shall make whatever orders it deems necessary for the protection of

the plaintiff from abuse, and in addition, the court shall extend the ex parte order of firearm(s)

LC004855/SUB A/3 - Page 8 of 16

surrender, or if no such ex parte order was previously made, the court shall order the immediate

surrender of any firearms in the defendant's possession, care, custody or control and shall further

order a person restrained under this section not to purchase, receive, or attempt to purchase or

receive, any firearms while the protective order is in effect.

     (c)(d) The Family Court shall provide a notice on all forms requesting a protective order

that a person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender

possession of any firearms while the protective order is in effect. The form shall further provide

that any person who has surrendered his or her firearms pursuant to an ex parte order shall be

afforded a hearing within fifteen (15) days of surrendering his or her firearms contemporaneously

with the hearing on the merits of the underlying complaint for a protective order.

     (d)(e) Any firearm surrendered in accordance with this section to the Rhode Island state

police or local police department shall be returned to the person formerly restrained under this

section upon his or her request when:

     (1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

     (2) The law enforcement agency in possession of the firearms determined that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

     (3) The person required to surrender their firearms pursuant to this section shall not be

responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e)(f) The Rhode Island state police are authorized to develop rules and procedures

pertaining to the storage and return of firearms surrendered to the Rhode Island state police or

local police departments pursuant to this section. The Rhode Island state police may consult with

the Rhode Island Police Chiefs' Association in developing rules and procedures.

     (f)(g) Nothing in this section shall be construed to limit, expand, or in any way modify

orders issued under § 12-29-7 or § 15-5-19.

     (g)(h) Nothing in this section shall limit a defendant's right under existing law to petition

the court at a later date for modification of the order.

     (h)(1) When a defendant files a motion with the court for a modification of an order to

surrender his or her firearms, the The court shall immediately notify the person suffering from

domestic abuse whose complaint gave rise to the protective order, the Rhode Island state police,

the attorney general and the local law enforcement agency of the city or town in which where the

LC004855/SUB A/3 - Page 9 of 16

person restrained under this section resides, of the hearing.

     (i)(2) The person suffering from domestic abuse, local law enforcement, and the person

restrained under this section shall all have an opportunity to be present and to testify when the

court considers the petition motion for modification.

     (j)(3) At the hearing, the person restrained under this section shall have the burden of

showing, by clear and convincing evidence, that, if his or her firearm rights were restored, he or

she would not pose a danger to the person suffering from domestic abuse or to any other person

and that possession of a firearm while subject to the protective order already granted after a

hearing on the merits would not constitute a federal crime under 18 U.S.C. §§ 922(g)(8) and/or

(9).

     (1) In determining whether to restore a person's firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person

suffering from domestic abuse or any other person.

     (2)(4) If the court determines, after a review of all relevant evidence and after all parties

have had an opportunity to be heard, that the person restrained under this section would not pose

a danger to the person suffering from domestic abuse or to any other person if his or her firearm

rights were restored, then the court may grant the petition motion and modify the protective order

and lift the firearm prohibition.

     (3)(5) If the court lifts a person's firearms prohibition pursuant to this subsection, the

court shall issue the person written notice that he or she is no longer prohibited under this section

from purchasing or possessing firearms while the protective order is in effect.

     (k)(i) The prohibition against possessing a firearm(s) due solely to the existence of a

domestic violence restraining order issued under this section shall not apply with respect to sworn

peace officers as defined in § 12-7-21 and active members of military service, including members

of the reserve components thereof, who are required by law or departmental policy to carry

departmental firearms while on duty or any person who is required by his or her employment to

carry a firearm in the performance of his or her duties. Any individual exempted pursuant to this

exception may possess a firearm only during the course of his or her employment. Any firearm

required for employment must be stored at the place of employment when not being possessed for

employment use; all other firearm(s) must be surrendered in accordance with this section.

     (l)(j) Upon motion by the plaintiff, his or her address shall be released only at the

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discretion of the family court judge.

     (m)(k)(1) Any violation of the protective orders in subsection (a) requirements of this

section 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 such additional time, that it the court deems necessary to protect

the plaintiff from abuse. The court may modify its order at any time upon motion of either party.

     (n)(l)(1) Any violation of a protective order under this chapter of which the defendant has

actual notice shall be a misdemeanor that 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.

     (o)(m) 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).

     (p)(n)(1) 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.

     SECTION 3. Section 15-15-6 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby repealed.

     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

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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 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

LC004855/SUB A/3 - Page 12 of 16

     ______ 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

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     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 forthwith 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.

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     This ORDER is effective forthwith, 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 forthwith, and shall be served in-hand on the defendant herein.

     ENTERED as an order of court this __________ day of ______________, A.D. 20__.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- DOMESTIC ASSAULT

***

     This act would clarify the procedures for seeking a protective order from either the

district court or family court and the requirements of the surrender of any firearms when a

complaint for protection from abuse is granted. It would also repeal the outdated family court

form for complaints for protection from abuse.

     This act would take effect upon passage.

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LC004855/SUB A/3

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