§ 40-11-12.4 - Restraining orders.
SECTION 40-11-12.4
§ 40-11-12.4 Restraining orders. –(a) Whenever the family court has assumed jurisdiction by way of the filing ofa petition pursuant to chapter 1 of title 14 or chapter 11 of title 40, thecourt, upon notice to the individual to be restrained and after a hearing, mayrestrain the individual so notified from interfering with the personal libertyof another, and may restrain the individual so notified from maliciouslycausing or attempting to cause bodily harm to another, and may restrain anyindividual so notified from maliciously causing or attempting to cause bodilyharm to another and, upon a finding by the court that any person has been soharmed or threatened with harm, the court may prescribe treatment including,but not limited to, out-patient counseling to the individual so restrained.
(b) As used in this section, the term "individual" shallinclude any party to the petition or any person acting on behalf of the party.
(c) Restraining orders pursuant to this provision shall beissued in conformity with the hearing and notice requirements set forth in§ 15-15-1 et seq.
(d) The family court shall have the authority to enforce anyviolation of a restraining order entered pursuant to this section by contempt.
(2) The contempt order shall not be exclusive and shall notpreclude any other available civil or criminal remedies.
(e) 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 notmore 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.