§ 15-5-19 - Restraining orders – Treatment for harmed or menaced spouse – Custody of children – Allowances – Alimony and counsel fees.
SECTION 15-5-19
§ 15-5-19 Restraining orders –Treatment for harmed or menaced spouse – Custody of children –Allowances – Alimony and counsel fees. – (a) Whenever either party to a marriage is insane, or whenever a cause is inexistence which is, or if continued, will be a cause for divorce, the familycourt, upon the original petition of one of the parties, or upon the filing ofa complaint for divorce, may restrain either party from interfering with thepersonal liberty of the other, and may restrain either party from maliciouslycausing or attempting to cause bodily harm to the other, with or without adangerous weapon, and may restrain either party from placing, by physicalmenace or threat of physical menace, the other in fear of imminent bodilyinjury; and upon a finding by the court that any party has been so harmed,menaced, or threatened the court may prescribe treatment including, but notlimited to, out-patient counseling, and may regulate the custody and providefor the education, maintenance, and support of the children, if any, and may,in its discretion, order one of the parties to pay alimony and/or counsel feesto the other pursuant to § 15-5-16, which allowance shall not be regardedas a judgment for debt until the court, which made the order for maintenanceand support of the children, alimony for one or the other of the parties, andcounsel fees, has adjudicated in appropriate proceedings what, if anything, isdue under the order. Suits may be brought or executions may issue for amountsdue and unpaid, the executions to run against the goods and chattels of thehusband or wife, as the case may be; the court may make all necessary ordersand decrees concerning the suits or executions and at any time may alter,amend, or annul for sufficient cause, after notice to the interested parties.
(b) Any violation of the protective orders mentioned insubsection (a) of this section shall subject the defendant to being found incontempt of court.
(2) The contempt order shall not be exclusive and shall notpreclude any other available civil or criminal remedies.
(c) Any violation of a restraining order under this chapterprotecting a person against bodily harm and/or against threat of imminentbodily injury shall be a misdemeanor which shall be punished by a fine of nomore than one thousand dollars ($1,000) or by imprisonment for not more thanone year, or both. The penalties for violation of this section shall alsoinclude the penalties provided in § 12-29-5. The district court hascriminal jurisdiction over violations of restraining orders protecting theperson of the complainant against bodily harm and/or against the threat ofimminent bodily injury.
(d) In regulating the custody of the children, the courtshall provide for the reasonable right of visitation by the natural parent nothaving custody of the children except upon the showing of cause as to why theright should not be granted. The court shall mandate compliance with its ordersby both the custodial parent and the children. In the event of noncompliance,the non-custodial parent may file a motion for contempt in family court. Upon afinding by the court that its order for visitation has not been complied with,the court shall exercise its discretion in providing a remedy, and define thenon-custodial parent's visitation in detail. However, if a second finding ofnoncompliance by the court is made, the court shall consider this to be groundsfor a change of custody to the non-custodial parent.
(e) In all hearings regarding denial of visitation, the courtshall make findings of fact.
(f) This chapter does not affect the right of the familycourt to award alimony or support pendente lite.