§ 8-8.1-5 - Duties of police officers.
SECTION 8-8.1-5
§ 8-8.1-5 Duties of police officers.– (a) Whenever any police officer has reason to believe that a cohabitant orminor has been abused, that officer shall use all reasonable means to preventfurther abuse, including:
(1) Remaining on the scene as long as there is danger to thephysical safety of the person or until the person is able to leave the dwellingunit;
(2) Assisting the person in obtaining medical treatmentnecessitated by an assault, including obtaining transportation to an emergencymedical treatment facility;
(3) Giving the person immediate and adequate notice of his orher rights under this chapter;
(4) Arresting the person pursuant to the arrest provisions ascontained in § 12-29-3.
(b) Notice by the police officer to the victim shall be byhanding the victim a copy of the following statement written in English,Portuguese, Spanish, Cambodian, Hmong, Laotian, Vietnamese, and French, and byreading the statement to the person when possible:
Spouse, former spouse/blood relative/children in common;minor(s) in a substantive dating or engagement relationship:
"If your attacker is your spouse, former spouse, person towhom you are related by blood or marriage, or if you are not married to yourattacker, but have a child in common, or if you and/or your attacker are aminor who have been in a substantive dating or engagement relationship withinthe past six (6) months, you have the right to go to the family court and askthe court to issue an order restraining your attacker from abusing you or yourminor child; you have the right to go to the family court and request:
(1) an order restraining your attacker from abusing you oryour minor child;
(2) an order awarding you exclusive use of your maritaldomicile;
(3) an order awarding you custody of your minor child."
Unmarried/not related cohabitants within the past three (3)years or substantive dating or engagement relationship within past six (6)months:
"If you are not married or related to your attacker, but haveresided with him or her within the past three (3) years, you have the right togo to the district court and request;
(1) an order restraining your attacker from abusing you;
(2) an order directing your attacker to leave your household,unless she or he has the sole legal interest in the household."
"If you are in need of medical treatment, you have the rightto have the officer present obtain transportation to an emergency medicaltreatment facility."
"If you believe that police protection is needed for yourphysical safety, you have the right to have the officer present remain at thescene until you and your children can leave or until your safety is otherwiseinsured."
"You have the right to file a criminal complaint with theresponding officer or your local police department if the officer has notarrested the perpetrator."
(c) A police officer shall ensure enforcement of the terms ofthe protective order issued pursuant to this chapter including but not limitedto accompanying a cohabitant to his or her dwelling or residence in order tosecure possession of the dwelling or residence when a vacate order against thedefendant has been issued.
(d) When service of the temporary order issued pursuant to§ 8-8.1-4 has not been made and/or after a permanent order is entered, apolice officer shall give notice of the order to the defendant by handing himor her a certified copy of the order. The officer shall indicate that he or shehas given notice by writing on plaintiff 's copy of the order and thepolice department's copy of the order the date, and time of giving notice andthe officer's name and badge number. The officer shall indicate on the offensereport that actual notice was given.