CHAPTER 145

95-H 5770

Approved Jun. 30, 1995.

AN ACT RELATING TO DOMESTIC ASSAULT

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.



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