It is enacted by the General Assembly as follows:
SECTION 1. Section 8-8.1-6 of the General Laws in Chapter 8-8.1 entitled "Form of Complaint" is hereby amended to read as follows:
{ADD 8-8.1-6. Form of complaint. -- ADD} (A) A form in substantially the following language shall suffice for the purpose of filing a complaint under this chapter:
STATE OF RHODE ISLAND DISTRICT COURT
COUNTY OF _____________ ________ DIVISION
________________________________ :
Plaintiff :
VS : NO:
________________________________:
Defendant :
COMPLAINT FOR PROTECTION FROM ABUSE
Pursuant to Chapter 8.1 of title 8 of the general laws of
Rhode Island 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, at which I resided with the
defendant is as follows (street, address and city):______
________________________________________
(3) My former residence is a house
I own ________________________________
Defendant owns ________________________
We jointly own ________________________
My former residence is an apartment
There is no lease _________________________
My name is on lease and defendant's is not ________
Defendant's name is on lease and mine is not _________
Both our names are on lease ______________
(4) The full name, present street address, city and
telephone number of the person causing me abuse (the defendant)
are as follows:__________________________________
______________________________________________
(5) On or about __________, without cause or provocation, I
suffered abuse when the defendant:
_______{ADD Threatened or harmed with a weapon:
(type of weapon used:_______)ADD}
_______ 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 {ADD contacting, ADD}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 __________________
_______________________________________________
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 such order is entered on the question of continuing
such temporary order.
(7) I have not sought protection from abuse from any other
judge of the district court arising out of the same facts or
circumstances alleged in this complaint.
______________________________________________________
_____________________________ ___________________
(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. 19__.
_____________________________
Notary Public
Note: If this complaint is filed by an attorney, the attorney's
certificate should appear below:
ATTORNEY CERTIFICATE
Signed: ___________________________
Attorney for Plaintiff
Address: __________________________
__________________________
Date: _________________, 19__
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 DISTRICT COURT
COUNTY OF _________________ ________DIVISION
________________________________ :
Plaintiff :
VS : NO:
________________________________ :
Defendant :
(TEMPORARY) ORDER PURSUANT TO CHAPTER ______ OF THE G.L. OF R.I.
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
{ADD contacting, ADD} assaulting, molesting, or
otherwise interfering with plaintiff at home, on the street or
elsewhere.
_______ That the defendant vacate forthwith the household
located at
___________________________________________
___________________________________________
{DELThis ORDER is effective forthwith, and will remain
in effect untilDEL}
A hearing on the continuation of this ORDER will be held at
the District Court, __________ County, __________ Division, at
______ (A.M.) (P.M.) on __________. If the defendant wishes to
be heard, she/he will be heard at that time. If she/he does
not appear at that time, this ORDER shall remain in effect.
{ADDThis ORDER is effective forthwith, and will remain
in effect until the time and date of the above- mentioned
hearing. ADD}
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.
19__.
ENTER: ________________ PER ORDER: ________________
Judge ________________ Clerk ________________
Presented by: ____________________________________
Attorney for Plaintiff
WHITE COPY ______ Court
YELLOW COPY ______ Plaintiff
PINK COPY ______ Defendant
GOLDENROD COPY ______ Police
Department
SECTION 2. This act shall take effect upon passage.