CHAPTER 148

95-H 5775

Approved Jun. 30, 1995.

AN ACT RELATING TO DOMESTIC ASSAULT

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-8.1-3 of the General Laws in Chapter 8-8.1 entitled "Domestic Assault" is hereby amended to read as follows:

{ADD 8-8.1-3. Protective orders -- Penalty -- Jurisdiction. -- ADD} A person suffering from domestic abuse may file a complaint in the district court requesting any order which will protect her or him from such 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, unless the defendant holds sole legal interest in said household;

(c) upon motion by the plaintiff, his or her address shall be released only at the discretion of the district court judge.

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 (1) year DEL} {ADDthree (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 shall be a misdemeanor which shall be punished by a fine of no more than {DELfive hundred DEL }{ADDone thousandADD} dollars {DEL($500) DEL} {ADD ($1,000) ADD} or by imprisonment for not more than one (1) year, or both.

{ADD 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). ADD}

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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