Chapter 259

2006 -- S 2784

Enacted 07/03/06

A N A C T

RELATING TO DOMESTIC RELATIONS

Introduced By: Senators McCaffrey, Sosnowski, and Walaska

Date Introduced: February 14, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-15-8 of the General Laws in Chapter 15-15 entitled "Domestic

Abuse Prevention" is hereby repealed.

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 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.

     SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

hereby amended by adding thereto the following chapter:

CHAPTER 15.1

THE UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE

PROTECTION ORDERS ACT

15-15.1-1. Short title. – This chapter shall be known and maybe cited as the "Uniform

Interstate Enforcement of Domestic Violence Protection Orders Act".

15-15.1-2. Definitions. – As used in this chapter:

(1) "Court" means the family court.

(2) "Foreign protection order" means a protection order issued by a tribunal of another

state.

(3) "Issuing state" means the state whose tribunal issues a protection order.

(4) "Mutual foreign protection order" means a foreign protection order that includes

provisions in favor of both the protected individual seeking enforcement of the order and the

respondent.

(5) "Protected individual" means an individual protected by a protection order.

(6) "Protection order" means an injunction or other order, issued by a tribunal under the

domestic-violence, family-violence, or anti-stalking laws of the issuing state, to prevent an

individual from engaging in violent or threatening acts against, harassment of, contact or

communication with, or physical proximity to, another individual.

(7) "Respondent" means the individual against whom enforcement of protection order is

sought.

(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States. The term includes an Indian tribe or band that has jurisdiction to issue

protection orders.

(9) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify

a protection order.

15-15.1-3. Judicial enforcement of order. – (a) A person authorized by the law of this

state to seek enforcement of a protection order may seek enforcement of a valid foreign

protection order in a tribunal of this state. The court shall enforce the terms of the order,

including terms that provide relief that the court would lack power to provide but for this chapter.

The court shall enforce the order, whether the order was obtained by independent action or in

another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by

or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection

order, the court shall follow the procedures of this state for the enforcement of protection orders.

(b) The court may not enforce a foreign protection order issued by a tribunal of a state

that does not recognize the standing of a protected individual to seek enforcement of the order.

(c) The court shall enforce the provisions of a valid foreign protection order which

govern custody and visitation, if the order was issued in accordance with the jurisdictional

requirements governing the issuance of custody and visitation orders in the issuing state.

(d) A foreign protection order is valid if it:

(1) identifies the protected individual and the respondent;

(2) is currently in effect;

(3) was issued by a tribunal that had jurisdiction over the parties and subject matter under

the law of the issuing state; and

(4) was issued after the respondent was given reasonable notice and had an opportunity to

be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent

was given notice and has had or will have an opportunity to be heard within a reasonable time

after the order was issued, in a manner consistent with the rights of the respondent to due process.

(e) A foreign protection order valid on its face is prima facie evidence of its validity.

(f) Absence of any of the criteria for validity of a foreign protection order is an

affirmative defense in an action seeking enforcement of the order.

(g) The court may enforce provisions of a mutual foreign protection order which favor a

respondent only if:

(1) the respondent filed a written pleading seeking a protection order from the tribunal of

the issuing state; and

(2) the tribunal of the issuing state made specific findings in favor of the respondent.

15-15.1-4. Nonnjudicial enforcement of order. – (a) A law enforcement officer of this

state, upon determining that there is probable cause to believe that a valid foreign protection order

exists and that the order has been violated, shall enforce the order as if it were the order of a

tribunal of this state. Presentation of a protection order that identifies both the protected

individual and the respondent and on its face, is currently in effect constitutes probable cause to

believe that a valid foreign protection order exists. For the purposes of this section, the protection

order may be inscribed on a tangible medium or may have been stored in an electronic or other

medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection

order is not required for enforcement.

(b) If a foreign protection order is not presented, a law enforcement officer of this state

may consider other information in determining whether there is probable cause to believe that a

valid foreign protection order exists.

(c) If a law enforcement officer of the state determines that an other wise valid foreign

protection order cannot be enforced because the respondent has not been notified or served with

the order, the officer shall inform the respondent of the order, make a reasonable effort to serve

the order upon the respondent, and allow the respondent a reasonable opportunity to comply with

the order before enforcing the order.

(d) Registration or filing of an order in this state is not required for the enforcement of a

valid foreign protection order pursuant to this chapter.

15-15.1-4.1. Form of certification or confirmation. – A form in substantially the

following language shall suffice for the purposes of filing of certificate or confirmation:

STATE OF RHODE ISLAND FAMILY COURT

____________________, SC

____________________(Name)

Petitioner

vs.

___________________(Name) C.A. No.

Respondent

CERTIFICATION OF PROTECTION/RESTRAINING ORDER

It is hereby certified that the attached is a true and correct copy of the order entered in the

above-captioned action on _____________________(date) and that the original of the attached

order was duly executed by the judicial authority whose signature appears thereon. The order

expires on ___________________(date).

The order is: [ ] a civil protection/restraining order.

OR [ ] a criminal protection/restraining order, that

recognizes the standing of the plaintiff to seek

enforcement of the order.

It is further certified that:

(a) the issuing court determined that it had jurisdiction over the parties and the subject

matter under the laws of ________________________________(state or Indian tribe).

(b) the respondent was given reasonable notice and had opportunity to be heard before

this order was issued; or if the order was issued ex parte, the respondent was given notice and had

opportunity to be heard after the order was issued, consistent with the rights of the respondent to

due process.

(c) the order was otherwise issued in accordance with the requirements of the Uniform

Interstate Enforcement of Domestic-Violence Protection Orders Act, and the Violence Against

Women Act, 18 U.S.C. section 2265.

For custody and visitation orders:

(d) the order was otherwise issued in accordance with the requirements of the Uniform

Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act

of this state/territory and is consistent with the provisions of the Parental Kidnapping Prevention

Act. 28 U.S.C. section 1738A.

The attached order shall be presumed to be valid and enforceable in this and other

jurisdictions.

Signature of Clerk of court or other authorized official:__________________________

15-15.1-5. Registration of order. – (a) Any individual may register a foreign protection

order in this state. To register a foreign protection order, an individual shall:

(1) present a certified copy of the order to the appropriate law enforcement agency; or

(2) present a certified copy of the order to the department of attorney general and request

that the order be registered with the appropriate law enforcement agency.

(b) Upon receipt of a foreign protection order the appropriate law enforcement agency

shall register the order in accordance with this section. After the order is registered the

appropriate law enforcement agency shall furnish to the individual registering the order a certified

copy of the registered order.

(c) The appropriate law enforcement agency shall register an order upon presentation of a

copy of a protective order which has been certified by the issuing state. A registered foreign

protection order that is inaccurate or is not currently in effect must be corrected or removed from

the registry in accordance with the law of this state.

(d) An individual registering a foreign protection order shall file an affidavit by the

protected individual stating that, to the best of the protected individual's knowledge, the order is

currently in effect.

(e) A foreign protection order registered under this chapter may be entered in any existing

state or federal registry of protection orders, in accordance with applicable law.

(f) A fee may not be charged for the registration of a foreign protection order.

15-15.1-6. Immunity. – The state or a local governmental agency, or a law enforcement

officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in

an official capacity, is immune from civil and criminal liability for an act or omission arising out

of the registration or enforcement of a foreign protection order or the detention or arrest of an

alleged violator of a foreign protection order if the act or omission was done in good faith in an

effort to comply with this chapter.

15-15.1-7. Other remedies. – A protected individual who pursues remedies under this

chapter is not precluded from pursuing other legal or equitable remedies against the respondent.

15-15.1-8. Uniformity of application and construction. – In applying and construing

this chapter, consideration must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

15-15.1-9. Severability. – If any provision of this chapter or its application to any

person or circumstance is held invalid, the invalidity does not affect other provisions or

applications of this chapter which can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are severable.

     SECTION 3. This act shall take effect upon passage.

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LC01064

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