CHAPTER 170

95-H 5773

Approved Jul. 3, 1995

AN ACT RELATING TO DOMESTIC ABUSE PREVENTION

It is enacted by the General Assembly as follows:

SECTION 1. Section 15-15-6 of the General Laws in Chapter 15-15 entitled "Domestic Abuse Prevention" is hereby amended to read as follows:

{ADD 15-15-6. 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             FAMILY COURT
            COUNTY OF ___________________

                  _______________________ : 

                                Plaintiff : 


                                    VS.   :   F.C. NO. 
            ______________________________:


                                Defendant : 

                     COMPLAINT FOR PROTECTION FROM ABUSE

             Pursuant to Chapter 15-15 of this title 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, which I have left to avoid abuse,
         is as follows (street address and city):   ___________________
         _____________________________________________________________

             (3) The full name, present street address, city, and
           telephone number of the person causing me abuse (the defendant)
           are as follows:
         __________________________________________________________ 

             (4) My relationship to the defendant is as follows: 

              _____ We (are) (were formerly) married to one another. 

              _____ I am the defendant's (child) (parent). 

              _____ I am the blood relative or relative by marriage of
           the defendant; specifically, the defendant is my ________
           ______________
           
              ______ I and the defendant are together the legal parents of
           one (1) or more children. 

                 (5) On or about __________________________, I suffered
           abuse when the defendant: 

                _____{ADDThreatened or harmed me 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

              __________________________________________________________

                _____ The court award me temporary custody of the following
           minor child(ren) (the defendant and I are husband and wife): 

                Names                                   Date of Birth

                That _______________________________________________
 
          __________________________________________________________     
         
          __________________________________________________________

                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 the order is entered on the question of continuing
           the temporary order. 

                 (7) I have not sought protection from abuse from any other
           judge of the family court arising out of the facts or
           circumstances alleged in this complaint. 

                 (8) That the court award me support for my minor children
           as required by law for a period not to exceed ninety (90) days. 


         ______________________________________________________________
                      (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 as 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                     FAMILY COURT

            COUNTY OF_______________________
            ________________________________ : 

                                   Plaintiff : 

                                   VS.       :      F.C. NO._________ 

            ________________________________ : 

                                   Defendant : 

                       TEMPORARY ORDER PURSUANT TO CHAPTER 15 OF
                       THIS TITLE GENERAL LAWS OF RHODE ISLAND

                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 _____________________________________________
           ___________________________________________________________  

              _____ That the plaintiff, being the [husband] [wife] of the
           defendant, be and [s]he hereby is awarded temporary custody of
           the minor child[ren], to wit, __________________________
           ___________________________________________________________  

               _____ That the defendant pay to the plaintiff the support
           of the minor child(ren) the sum of $__________ per _____. 

            ________ That _____________________________________________
           _______________________________________________________________
           _______________________________________________________________  

              {DELThis ORDER is effective forthwith, and will remain
           in effect untilDEL}

                A hearing on the continuation of this ORDER will be held at
           the family court,  __________________County, at _________[A.M.]
           [P.M.] on _______________________________. If the defendant
           wishes to be heard, [s]he will be heard at that time.  If [s]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. 199_.

SECTION 2. This act shall take effect upon passage.



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