Chapter 153

2005 -- H 5812 SUBSTITUTE A AS AMENDED

Enacted 07/01/05

A N A C T

RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

Introduced By: Representatives E Coderre, Fox, Ajello, Naughton, and Diaz

Date Introduced: February 17, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Legislative intent. – In 1994 federal laws were enacted to prevent domestic

violence abusers from purchasing and/or possessing firearms. Forty (40) states have enacted laws

that restrict the possession of firearms in cases of domestic violence. It is the intent of the general

assembly that the provisions of this act apply only to protective orders which are issued by a court

after notice is given to the respondent and a full hearing on the complaint has taken place. It shall

not apply to temporary orders of protection under section 15-15-4 or 8-8.1-4.

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 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 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, 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. ; and

(5) After notice to the respondent and a hearing, the court in addition to any other

restrictions, may order the defendant to surrender physical possession of all firearms in his or her

possession, care, custody or control.

(b) Any individual who accepts physical possession of a firearm pursuant to this section

is prohibited from returning any firearm to any defendant under a restraining order during the

existence of the restraining order. Violation of this provision shall subject both the defendant and

the individual responsible for the return of the firearm to the defendant, to being found in

contempt of court.

that, at the hearing for a protective order, the defendant may be ordered to surrender physical

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

receive any firearms for a period not to exceed the duration of the restraining order.

(d) If the defendant is present in court at a duly noticed hearing, the court may order the

defendant to physically surrender any firearm in that person’s immediate possession or control, or

subject to that person’s immediate physical possession or control, within twenty-four (24) hours

of the order, by surrendering the possession of the firearm(s) to the control of any individual not

legally prohibited from possessing a firearm(s) who is not related to the defendant by blood,

marriage, or relationship as defined by section 15-15-1 (3), (4), or (5), of the Rhode Island

general laws, or by surrendering any firearm(s) to the Rhode Island State Police or local police

department, or by surrendering the firearm(s) to a licensed gun dealer. If the defendant is not

present at the hearing, the defendant shall surrender possession of the firearm(s) within forty-

eight (48) hours after being served with the order. A person ordered to surrender possession of

any firearm(s) pursuant to this subsection shall file with the court a receipt showing the

firearm(s) was either legally transferred to an individual not legally prohibited from possessing a

firearm who is not related to the defendant by blood, marriage, or relationship as defined by

section 15-15-1, (3), (4), or (5) of the Rhode Island general laws or surrender to a licensed gun

dealer within seventy-two (72) hours after receiving the order. Any defendant transporting a

firearm to surrender in accordance with the above shall not be liable to prosecution under section

11-47-8.

(e) 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.

(f) 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 section 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 their employment to

carry a firearm in the performance of their duties. Any individual exempted pursuant to this

exception may possess a firearm only during the course of their 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 section 15-15-3.

~~(b)~~(g) Upon motion by the plaintiff, his or her address shall be released only at the

discretion of the family court judge.

~~(c)~~(h) (1) Any violation of the protective orders in subsection (a) 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 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)~~(i) (1) 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 section 12-29-5.

~~(e)~~(j) 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 subsection 15-15-5(d).

~~(f)~~(k) (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 8-8.1-2 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 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 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) After notice to the respondent and after a hearing, the court may order the defendant

to surrender physical possession of all firearms in his or her possession, care, custody or control.

(b) Any individual who accepts physical possession of a firearm pursuant to this section

is prohibited from returning any firearm to any defendant under a restraining order during the

existence of the restraining order. Violation of this provision shall subject both the defendant and

the individual responsible for the return of the firearm to the defendant, to being found in

contempt of court.

at the hearing for a protective order, the defendant may be ordered to surrender possession or

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

firearms for a period not to exceed the duration of the restraining order.

(d) If the defendant is present in court at a duly noticed hearing, the court may, in

addition to any other restrictions, order the defendant to physically surrender any firearm(s) in

that person's immediate physical possession or control, or subject to that person's immediate

physical possession or control, within twenty-four (24) hours of the order, by surrendering the

possession of the firearm(s) to the control of any individual not legally prohibited from

possessing a firearm who is not related to the defendant by blood, marriage, or relationship as

defined by section 15-15-1 (3), (4), or (5) of the Rhode Island general laws, or by surrendering

any firearm(s) to the Rhode Island state police or local police department, or by surrendering the

firearm(s) to a licensed gun dealer. If the defendant is not present at the hearing, the defendant

shall surrender the firearm(s) within forty-eight (48) hours after being served with the order. A

person ordered to surrender possession of any firearm(s) pursuant to this subsection shall file with

the court a receipt showing the firearm(s) was either physically surrendered to an individual not

legally prohibited from possessing a firearm who is not related to the defendant by blood,

marriage, or relationship as defined by section 15-15-1 (3), (4), or (5) or surrender to a licensed

gun dealer within seventy-two (72) hours after receiving the order. Any defendant transporting a