§ 8-8.1-3 - Protective orders – Penalty – Jurisdiction.
SECTION 8-8.1-3
§ 8-8.1-3 Protective orders – Penalty– Jurisdiction. – (a) A person suffering from domestic abuse may file a complaint in the districtcourt requesting any order which will protect her or him from the abuse,including but not limited to the following:
(1) Ordering that the defendant be restrained and enjoinedfrom contacting, assaulting, molesting or otherwise interfering with theplaintiff at home, on the street, or elsewhere, whether the defendant is anadult or minor;
(2) Ordering the defendant to vacate the household forthwith,unless the defendant holds sole legal interest in the household;
(3) Upon motion by the plaintiff, his or her address shall bereleased only at the discretion of the district court judge;
(4) After notice to the respondent and after a hearing, thecourt may order the defendant to surrender physical possession of all firearmsin his or her possession, care, custody or control.
(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 district 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 possession or control of any firearms andnot to purchase or receive or attempt to purchase or receive any firearms for aperiod not to exceed the duration of the restraining order.
(d) If the defendant is present in court at a duly noticedhearing, the court may, in addition to any other restrictions, order thedefendant to physically surrender any firearm(s) in that person's immediatephysical possession or control, or subject to that person's immediate physicalpossession or control, within twenty-four (24) hours of the order, bysurrendering the possession of the firearm(s) to the control of any individualnot legally prohibited from possessing a firearm who is not related to thedefendant by blood, marriage, or relationship as defined by § 15-15-1(3),(4), or (5) of the Rhode Island general laws, or by surrendering any firearm(s)to the Rhode Island state police or local police department, or by surrenderingthe firearm(s) to a licensed gun dealer. If the defendant is not present at thehearing, the defendant shall surrender the firearm(s) within forty-eight (48)hours after being served with the order. A person ordered to surrenderpossession of any firearm(s) pursuant to this subsection shall file with thecourt a receipt showing the firearm(s) was either physically surrendered to anindividual not legally prohibited from possessing a firearm who is not relatedto the defendant by blood, marriage, or relationship as defined by §15-15-1(3), (4), or (5) 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 § 8-8.1-3.
(g) Any violation of the aforementioned protective ordershall subject the defendant to being found in contempt of court.
(h) No order shall issue under this section which would havethe effect of compelling a defendant who has the sole legal interest in aresidence to vacate that residence.
(i) 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 such additional time as it deems necessary to protect theplaintiff from abuse. The court may modify its order at any time upon motion ofeither party.
(j) 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.
(k) The penalties for violation of this section shall alsoinclude the penalties provided under § 12-29-5.
(l) "Actual notice" means that the defendant has received acopy of the order by service thereof or by being handed a copy of the order bya police officer pursuant to § 8-8.1-5(d).
(m) The district court shall have criminal jurisdiction overall violations of this chapter.