CHAPTER 146

95-H 5771

Approved Jun. 30, 1995.

AN ACT RELATING TO DOMESTIC ABUSE PREVENTION

It is enacted by the General Assembly as follows:

SECTION 1. Section 15-15-3 of the General Laws in Chapter 15-15 entitled "Protective Orders -- Penalty -- Jurisdiction" is hereby amended to read as follows:

{ADD 15-15-3. Protective orders -- Penalty -- Jurisdiction. -- ADD} (1) A person suffering from domestic abuse may file a complaint in the family court requesting any order which will protect and support her/him from abuse, including but not limited to the following:

(a) Ordering 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, whether the defendant is an adult or minor;

(b) Ordering the defendant to vacate the household forthwith;

(c) Awarding the plaintiff custody of the minor children of the parties, if any;

(d) May, after notice to the respondent and a hearing, order either party to make payments for the support of a minor child or children of the parties as required by law for a period not to exceed ninety (90) days;

(e) Upon motion by the plaintiff, his/her address shall be released only at the discretion of the family court judge. Any violation of the in subsection (1) shall subject the defendant to being found in contempt of court.

(2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed {DEL one DEL} {ADD three ADD} year {ADD s ADD} , at the expiration of which time the court may extend any order, upon motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.

(3) Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000.00) or by imprisonment for not more than one year, or both.

Any violation of the aforementioned protective order shall subject the defendant to being found in contempt of court.

No order shall issue hereunder which would have the effect of compelling a defendant who has the sole legal interest in a residence to vacate said residence.

The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed {DEL one year DEL} {ADD three (3) years ADD} , at the expiration of which time the court may extend any order, upon motion of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.

Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.

The penalties for violation of this section shall also include the penalties provided under section 12-29-5.

Actual notice means that the defendant has received a copy of the order by service thereof or by being handed a copy of the same by a police officer pursuant to section 8-8.1-5(D).

The district court shall have criminal jurisdiction over all violations of this chapter.

SECTION 2. This act shall take effect upon passage.



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