It is enacted by the General Assembly as follows:

SECTION 1. Sections 15-15-1, 15-15-4, 15-15-4.1 and 15-15-5 of the General Laws in Chapter 15-15 entitled "Domestic Abuse Prevention" are hereby amended to read as follows:

{ADD 15-15-1. Definitions. -- ADD} The following words as used in this chapter shall have the following meanings:

(1) "Domestic Abuse" means the occurrence of one or more of the following acts between present or former family members {ADD , ADD} {DEL or DEL} parents {DEL : DEL} {ADD or persons who are or have been in a substantive dating or engagement relationship within the past six (6) months in which at least one (1) of the persons is a minor: ADD}

(a) Attempting to cause or causing physical harm;

(b) Placing another in fear of imminent serious physical harm;

(c) Causing another to engage involuntarily in sexual relations by force, threat of force, or duress.

(2) "Courts" means the family court.

(3) "Present or former family member" means the spouse, former spouse, minor children or persons who are related by blood or marriage.

(4) "Parents" means persons who together are the legal parents of one (1) or more children, regardless of their marital status or whether they have lived together at any time.

{ADD (5) "Substantive dating" or "engagement relationship" means a significant and personal/intimate relationship which shall be adjudged by the court's consideration by the following factors: ADD}

{ADD (a) the length of time of the relationship;

(b) the type of relationship;

(c) the frequency of interaction between the parties. ADD}

{ADD 15-15-4. Temporary orders -- Ex parte proceedings. -- ADD} (A)(1) Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to protect the plaintiff from abuse, including relief as provided in chapter 5 of this title.

(2) If it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the plaintiff, before notice can be served and a hearing had thereon, the court may enter such temporary order without notice as it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within such time after entry, not to exceed twenty one (21) days, as the court fixes, unless within the time so fixed the order by consent or for good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and may be given precedence of all matters except older matters of the same character and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to section 15-15-3 and, if he or she does not do so, the court shall dissolve the temporary order.

(B)(1) When the court is unavailable after the close of business {DEL a complaint may be filed before any available family court judge who may grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding. DEL} {ADD a family court judge may grant relief to the plaintiff as provided in this chapter. At the discretion of the judge, said relief may be granted and communicated by telephone to an officer of the appropriate law enforcement agency, who shall record such order on a form of order promulgated for such use by the chief judge of the family court and shall deliver a copy of such order on the next court day to the clerk of the court. ADD}

In addition, when there is no family court in session at a location when a division of the district court is in session, the district court judge at said division is authorized to grant relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.

(2) No temporary order shall be granted pursuant to the provisions of {DEL this DEL} subsection {ADD (B)(1) ADD} unless it clearly appears from specific facts shown {DEL by affidavit or by verified complaint DEL} {ADD in plaintiff's written statement ADD} that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing had thereon.

{ADD (3) Any temporary order granted pursuant to the provisions of subsection (B)(1) expires at close of the next business day unless a longer time is granted by the family court judge. ADD}

(C) Any order issued under this section and any documentation in support thereof shall be filed immediately with the clerk of the family court. Filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter {DEL . DEL} {ADD , but shall not be deemed necessary for an emergency order issued under this chapter to take effect. ADD}

(D) The clerk of the family court shall have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.

{ADD 15-15-4.1. Return of service/alternate service. -- ADD} (A) The complaint and any order issued under this chapter shall be personally served upon the defendant by a sheriff except as provided in subsections (C) {DEL and DEL} (D) {ADD and (F) ADD} of this section. Service shall be made without payment of any fee when service is made by a sheriff. At the election of the plaintiff, service pursuant to subsection (A) may also be made by a constable authorized to serve process of the family court pursuant to section 45-16-4.3. Said constable shall be entitled to receive the fee allowed by law for the service of a family court summons. {ADD Where the defendant is a minor, the complaint and any order issued under this chapter shall also be personally served upon a parent or guardian of the minor. ADD}

(B) Return of service shall be forwarded by the sheriff or constable to the clerk of court prior to the date set down for hearing on the complaint. If service has not been made, the sheriff or constable shall indicate on the summons the reason therefore and the attempts made to serve the defendant.

(C) At the time the return of service is sent to the clerk of the court, the sheriff or constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.

(D) If, at the time of hearing on the complaint, the court determines that after diligent effort the sheriff or constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff's ability to afford the means of service ordered. Alternative service shall include but not be limited to: service by certified and regular mail at defendant's last known address (excluding the residence which he/she has been ordered to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing therein, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.

(E) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.

{ADD (F) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the family court will mail the defendant a copy of the resulting order. ADD}

{ADD 15-15-5. Duties of police officers. -- ADD} (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/her rights under this chapter;

(4) Arresting the abusive person pursuant to the arrest provisions in section 12-29-3;

(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 same to such person when possible.

"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, {ADD 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, ADD} 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;

(2) An order awarding you exclusive use of your marital domicile;

(3) An order awarding you custody of your minor child."

"If you are not married or related to your attacker, but have resided with him or her within the past {DEL twelve (12) months, DEL} {ADD 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 ADD} , 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."

"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/her dwelling or residence in order to secure possession of the dwelling or residence.

(D) When service of the temporary order issued pursuant to section 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/her a certified copy of the order. The officer shall indicate that he/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 2. This act shall take effect upon passage.