Chapter 066 |
2019 -- S 0321 SUBSTITUTE A Enacted 06/28/2019 |
A N A C T |
RELATING TO DOMESTIC RELATIONS - DOMESTIC ABUSE PREVENTION |
Introduced By: Senator Maryellen Goodwin |
Date Introduced: February 13, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 15-15-1, 15-15-5 and 15-15-6 of the General Laws in Chapter 15- |
15 entitled "Domestic Abuse Prevention" are hereby amended to read as follows: |
15-15-1. Definitions. |
The following words as used in this chapter have the following meanings: |
(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a |
period of time, evidencing a continuity of purpose. Constitutionally protected activity is not |
included within the meaning of "course of conduct". |
(2) "Courts" means the family court. |
(3) "Cyberstalking" means transmitting any communication by computer to any person or |
causing any person to be contacted for the sole purpose of harassing that person or his or her |
family. |
(4) "Domestic abuse" means: |
the The occurrence of one or more of the following acts between present or former |
family members, parents, stepparents, a plaintiff parent's minor child(ren) to which the defendant |
is not a blood relative or relative by marriage, or persons who are or have been in a substantive |
dating or engagement relationship within the past one year 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; or |
(iv) Stalking or cyberstalking. |
(5) "Harassing" means following a knowing and willful course of conduct directed at a |
specific person with the intent to seriously alarm, annoy, or bother the person, and which serves |
no legitimate purpose. The course of conduct must be such as would cause a reasonable person to |
suffer substantial emotional distress, or be in fear of bodily injury. |
(6) "Parents" mean 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. |
(7) "Present or former family member" means the spouse, former spouse, minor children, |
stepchildren, a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or |
relative by marriage, minor children of substantive dating partners, or persons who are related by |
blood or marriage. |
(8) "Sexual exploitation" means the occurrence of any of the following acts by any |
person who knowingly or willfully encourages, aids, or coerces any child under the age of |
eighteen (18) years: |
(i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting, |
providing, persuading, obtaining, or maintaining, or so attempts, any minor for the purposes of |
commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the |
purposes of commercial sex acts. |
(A) "Commercial sex act" means any sex act or sexually explicit performance on account |
of which anything of value is given, promised to, or received, directly or indirectly, by any |
person. |
(B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the |
sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or |
private, live, photographed, recorded, or videotaped. |
(9) "Stalking" means harassing another person or willfully, maliciously, and repeatedly |
following another person with the intent to place that person in reasonable fear of bodily injury. |
(10) "Substantive dating" or "engagement relationship" means a significant and |
personal/intimate relationship which that shall be adjudged by the court's consideration by of the |
following factors: |
(i) The length of time of the relationship; |
(ii) The type of relationship; and |
(iii) The frequency of interaction between the parties. |
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; and |
(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, PLAINTIFF |
PARENT'S MINOR CHILD(REN) TO WHICH DEFENDANT IS NOT A BLOOD RELATIVE |
OR RELATIVE BY MARRIAGE. |
"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 one year, 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, or a |
plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative by |
marriage; |
"(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 ONE YEAR |
"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 one year, 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 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. |
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 or more children in |
common. |
______ I and the defendant have had a substantive dating or engagement relationship. |
______ I am a parent of a minor child(ren) in my care or custody, to which defendant is |
not a blood relative or relative by marriage. |
(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 and any minor children of the plaintiff at home, |
on the street, or elsewhere, to wit, __________________________________________________ |
_______________________________________________________________________ |
______ 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 for 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 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 2. Section 8-8.1-5 of the General Laws in Chapter 8-8.1 entitled "Domestic |
Assault" is hereby amended to read as follows: |
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 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 person pursuant to the arrest provisions as contained in § 12-29-3. |
(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;, minor(s) in a substantive |
dating or engagement relationship;, a plaintiff parent's minor child(ren) to which the defendant is |
not a blood relative or relative by marriage: |
"If your attacker is your spouse, former spouse, 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 are a minor who have been in a substantive dating or engagement |
relationship within the past six (6) months one year, you have the right to go to the family court |
and ask the court to issue an order restraining your attacker from abusing you, or your minor child |
, or a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative |
by marriage; you have the right to go to the family court and request;: |
(1) an An order restraining your attacker from abusing you, or your minor child , or a |
plaintiff parent's minor child(ren) to which defendant is not a blood relative or relative by |
marriage; |
(2) an An order awarding you exclusive use of your marital domicile; |
(3) an An order awarding you custody of your minor child." |
Unmarried/not related cohabitants within the past three (3) years or substantive dating or |
engagement relationship within past six (6) months one year: |
"If you are not married or related to your attacker, but have resided with him or her |
within the past three (3) years, you have the right to go to the district court and request;: |
(1) an An order restraining your attacker from abusing you; |
(2) an An order directing your attacker to leave your household, unless she or he has the |
sole legal interest in the household." |
"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 insured." |
"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 the protective order issued |
pursuant to this chapter including, but not limited to, accompanying a cohabitant to his or her |
dwelling or residence in order to secure possession of the dwelling or residence when a vacate |
order against the defendant has been issued. |
(d) When service of the temporary order issued pursuant to § 8-8.1-4 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 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. |
SECTION 3. This act shall take effect upon passage. |
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LC001820/SUB A |
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