§ 15-15-3 - Protective orders – Penalty – Jurisdiction.
SECTION 15-15-3
§ 15-15-3 Protective orders – Penalty– Jurisdiction. – (a) A person suffering from domestic abuse may file a complaint in the familycourt requesting any order which will protect and support her or him from abuseincluding, but not limited, to the following:
(1) Ordering that the defendant be restrained and enjoinedfrom contacting, assaulting, molesting, or interfering with the plaintiff athome, on the street, or elsewhere, whether the defendant is an adult or a minor;
(2) Ordering the defendant to vacate the householdimmediately;
(3) Awarding the plaintiff custody of the minor children ofthe parties, if any;
(4) After notice to the respondent and a hearing, orderingeither party to make payments for the support of a minor child or children ofthe parties as required by law for a period not to exceed ninety (90) days,unless the child support order is for a child or children receiving publicassistance pursuant to chapter 5.1 of title 40. In these cases, legal counselfor the division of taxation, child support enforcement, shall be notified as aparty in interest to appear for the purpose of establishing a child supportorder under a new or existing docket number previously assigned to the partiesand not under the protective docket number. The child support order shallremain in effect until the court modifies or suspends the order.
(5) After notice to the respondent and a hearing, the courtin addition to any other restrictions, may order the defendant to surrenderphysical possession of all firearms in his or her possession, care, custody orcontrol.
(b) Any individual who accepts physical possession of afirearm pursuant to this section is prohibited from returning any firearm toany defendant under a restraining order during the existence of the restrainingorder. Violation of this provision shall subject both the defendant and theindividual responsible for the return of the firearm to the defendant, to beingfound in contempt of court.
(c) The Family Court shall provide a notice on all formsrequesting a protective order that, at the hearing for a protective order, thedefendant may be ordered to surrender physical possession or control of anyfirearms and not to purchase or receive or attempt to purchase or receive anyfirearms for a period not to exceed the duration of the restraining order.
(d) If the defendant is present in court at a duly noticedhearing, the court may order the defendant to physically surrender any firearmin that person's immediate possession or control, or subject to that person'simmediate physical possession or control, within twenty-four (24) hours of theorder, by surrendering the possession of the firearm(s) to the control of anyindividual not legally prohibited from possessing a firearm(s) who is notrelated to the defendant by blood, marriage, or relationship as defined by§ 15-15-1(3), (4), or (5), of the Rhode Island general laws, or bysurrendering any firearm(s) to the Rhode Island State Police or local policedepartment, or by surrendering the firearm(s) to a licensed gun dealer. If thedefendant is not present at the hearing, the defendant shall surrenderpossession of the firearm(s) within forty-eight (48) hours after being servedwith the order. A person ordered to surrender possession of any firearm(s)pursuant to this subsection shall file with the court a receipt showing thefirearm(s) was either legally transferred to an individual not legallyprohibited from possessing a firearm who is not related to the defendant byblood, marriage, or relationship as defined by § 15-15-1(3), (4), or (5)of the Rhode Island general laws or surrender to a licensed gun dealer withinseventy-two (72) hours after receiving the order. Any defendant transporting afirearm to surrender in accordance with the above shall not be liable toprosecution under § 11-47-8.
(e) Nothing in this section shall limit a defendant's rightunder existing law to petition the court at a later date for modification ofthe order.
(f) The prohibition against possessing a firearm(s) duesolely to the existence of a domestic violence restraining order issued underthis section shall not apply with respect to sworn peace officers as defined in§ 12-7-21 and active members of military service including members of thereserve components thereof, who are required by law or departmental policy tocarry departmental firearms while on duty or any person who is required bytheir employment to carry a firearm in the performance of their duties. Anyindividual exempted pursuant to this exception may possess a firearm onlyduring the course of their employment. Any firearm required for employment mustbe stored at the place of employment when not being possessed for employmentuse; all other firearm(s) must be surrendered in accordance with § 15-15-3.
(g) Upon motion by the plaintiff, his or her address shall bereleased only at the discretion of the family court judge.
(h) Any violation of the protective orders in subsection (a)of this section shall subject the defendant to being found in contempt of court.
(2) The contempt order shall not be exclusive and shall notpreclude any other available civil or criminal remedies. Any relief granted bythe court shall be for a fixed period of time not to exceed three (3) years, atthe expiration of which time the court may extend any order, upon motion of theplaintiff, for any additional time, that it deems necessary to protect theplaintiff from abuse. The court may modify its order at any time upon motion ofeither party.
(i) Any violation of a protective order under this chapter ofwhich the defendant has actual notice shall be a misdemeanor which shall bepunished by a fine of no more than one thousand dollars ($1,000) or byimprisonment for not more than one year, or both.
(2) The penalties for violation of this section shall alsoinclude the penalties as provided by § 12-29-5.
(j) Actual notice means that the defendant has received acopy of the order by service or by being handed a copy of the order by a policeofficer pursuant to § 15-15-5(d).
(k) The district court shall have criminal jurisdiction overall adult violations of this chapter.
(2) The family court shall have jurisdiction over alljuvenile violations of this chapter.