2019 -- S 0321 SUBSTITUTE A

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LC001820/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO DOMESTIC RELATIONS - DOMESTIC ABUSE PREVENTION

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 13, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 15-15-1, 15-15-5 and 15-15-6 of the General Laws in Chapter 15-

15 entitled "Domestic Abuse Prevention" are hereby amended to read as follows:

     15-15-1. Definitions.

     The following words as used in this chapter have the following meanings:

     (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a

period of time, evidencing a continuity of purpose. Constitutionally protected activity is not

included within the meaning of "course of conduct".

     (2) "Courts" means the family court.

     (3) "Cyberstalking" means transmitting any communication by computer to any person or

causing any person to be contacted for the sole purpose of harassing that person or his or her

family.

     (4) "Domestic abuse" means:

     the occurrence of one or more of the following acts between present or former family

members, parents, stepparents, a plaintiff parent's minor child(ren) to which the defendant is not a

blood relative or relative by marriage, or persons who are or have been in a substantive dating or

engagement relationship within the past one year in which at least one of the persons is a minor:

     (i) Attempting to cause or causing physical harm;

     (ii) Placing another in fear of imminent serious physical harm;

     (iii) Causing another to engage involuntarily in sexual relations by force, threat of force,

or duress; or

     (iv) Stalking or cyberstalking.

     (5) "Harassing" means following a knowing and willful course of conduct directed at a

specific person with the intent to seriously alarm, annoy, or bother the person, and which serves

no legitimate purpose. The course of conduct must be such as would cause a reasonable person to

suffer substantial emotional distress, or be in fear of bodily injury.

     (6) "Parents" mean persons who together are the legal parents of one or more children,

regardless of their marital status or whether they have lived together at any time.

     (7) "Present or former family member" means the spouse, former spouse, minor children,

stepchildren, a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or

relative by marriage, minor children of substantive dating partners, or persons who are related by

blood or marriage.

     (8) "Sexual exploitation" means the occurrence of any of the following acts by any

person who knowingly or willfully encourages, aids, or coerces any child under the age of

eighteen (18) years:

     (i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting,

providing, persuading, obtaining, or maintaining, or so attempts, any minor for the purposes of

commercial sex acts or sexually explicit performances; or selling or purchasing a minor for the

purposes of commercial sex acts.

     (A) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

person.

     (B) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (9) "Stalking" means harassing another person or willfully, maliciously and repeatedly

following another person with the intent to place that person in reasonable fear of bodily injury.

     (10) "Substantive dating" or "engagement relationship" means a significant and

personal/intimate relationship which shall be adjudged by the court's consideration by the

following factors:

     (i) The length of time of the relationship;

     (ii) The type of relationship; and

     (iii) The frequency of interaction between the parties.

     15-15-5. Duties of police officers.

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     (a) Whenever any police officer has reason to believe that a family member or parent has

been abused, that officer shall use all reasonable means to prevent further abuse, including:

     (1) Remaining on the scene as long as there is a danger to the physical safety of the

person or until the person is able to leave the dwelling unit;

     (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

     (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

     (4) Arresting the abusive person pursuant to the arrest provisions in § 12-29-3; and

     (5) Reporting any physical injury to a minor child or a threat to physically injure a minor

child within twenty-four (24) hours of his or her investigation to CANTS (Child abuse and

neglect tracking system).

     (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     SPOUSE, FORMER SPOUSE, BLOOD RELATIVE, CHILDREN IN COMMON,

MINORS IN SUBSTANTIVE DATING OR ENGAGEMENT RELATIONSHIP, PLAINTIFF

PARENT'S MINOR CHILD(REN) TO WHICH DEFENDANT IS NOT A BLOOD RELATIVE

OR RELATIVE BY MARRIAGE.

     "If your attacker is your spouse, former spouse, or person to whom you are related by

blood or marriage, or if you are not married to your attacker but have a child in common, or if

you and/or your attacker is a minor who have been in a substantive dating or engagement

relationship within the past six (6) months one year, you have the right to go to the family court

and request:

     "(1) An order restraining your attacker from abusing you, or your minor child, or a

plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative by

marriage;

     "(2) An order awarding you exclusive use of your marital domicile;

     "(3) An order awarding you custody of your minor child."

     UNMARRIED/NOT RELATED COHABITANTS WITHIN THE PAST THREE

YEARS, OR HAVE BEEN IN A SUBSTANTIVE DATING OR ENGAGEMENT

RELATIONSHIP WITHIN THE PAST SIX (6) MONTHS ONE YEAR

     "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, or you are in or have been in a substantive dating or engagement

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relationship with your attacker within the past six (6) months one year, you have the right to go 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 he or she has the

sole legal interest in the household."

     ADDITIONAL RIGHTS.

     "If you are in need of medical treatment, you have the right to have the officer present

obtain transportation to an emergency medical treatment facility.

     "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise ensured.

     "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

     (c) A police officer shall ensure enforcement of the terms of a protective order issued

pursuant to this chapter including, but not limited to, accompanying a family member or parent to

his or her dwelling or residence in order to secure possession of the dwelling or residence.

     (d) When service of the temporary order issued pursuant to § 15-15-4 has not been made

and/or after a permanent order is entered, a police officer shall give notice of the order to the

defendant by handing him or her a certified copy of the order. The officer shall indicate that he or

she has given notice by writing on plaintiff 's copy of the order and the police department's copy

of the order, the date and time of giving notice and the officer's name and badge number. The

officer shall indicate on the offense report that actual notice was given.

     15-15-6. Form of complaint.

     (a) A form in substantially the following language shall suffice for the purpose of filing a

complaint under this chapter:

STATE OF RHODE ISLAND FAMILY COURT

COUNTY OF

:

Plaintiff :

:

VS. : F.C. NO.

:

:

Defendant:

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COMPLAINT FOR PROTECTION FROM ABUSE

     Pursuant to Chapter 15 of this title, I request that the court enter an order protecting me

from abuse.

     (1) My full name, present street address, city, and telephone number are as

follows:

     (2) My former residence, which I have left to avoid abuse, is as follows (street address

and city):

     (3) The full name, present street address, city, and telephone number of the person

causing me abuse (the defendant) are as follows:

     (4) My relationship to the defendant is as follows:

     ______ We (are) (were formerly) married to one another.

     ______ I am the defendant's (child) (parent).

     ______ I am the blood relative or relative by marriage of the defendant;

specifically, the defendant is my

     ______ I and the defendant are together the legal parents of one or more children in

common.

     ______ I and the defendant have had a substantive dating or engagement relationship.

     ______ I am a parent of a minor child(ren) in my care or custody, to which defendant is

not a blood relative or relative by marriage.

     (5) On or about ________________________________, I suffered abuse when the

defendant:

     ______ Threatened or harmed me with a weapon; (type of weapon used: _________)

     ______ Attempted to cause me physical harm;

     ______ Caused me physical harm;

     ______ Placed me in fear of imminent physical harm;

     ______ Caused me to engage involuntarily in sexual relations by force, threat of

force, or duress. Specifically, the defendant

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     (6) I ask that:

     ______ The court order that the defendant be restrained and enjoined from contacting,

assaulting, molesting, or otherwise interfering with the plaintiff at home, on the street or

elsewhere.

     ______ The court order the defendant to immediately leave the household which is

located at

     ______ The court award me temporary custody of the following minor child(ren)(the

defendant and I are husband and wife):

     Names Date of Birth

     That

     I request that the above relief be ordered without notice because it clearly appears from

specific facts shown by affidavit or by the verified complaint that I will suffer immediate and

irreparable injury, loss, or damage before notice can be served and a hearing had thereon. I

understand that the court will schedule a hearing no later than twenty-one (21) days after the

order is entered on the question of continuing the temporary order.

     (7) I have not sought protection from abuse from any other judge of the family court

arising out of the facts or circumstances alleged in this complaint.

     (8) That the court award me support for my minor children as required by law for a

period not to exceed ninety (90) days.

(Signature) (Date)

     Subscribed and sworn to before me in ____________________________ in the county of

     __________________________ in the state of Rhode Island and Providence Plantations,

     this __________ day of ____________________________ A.D. 20________.

___________________

Notary Public

     Note: If this complaint is filed by an attorney, the attorney's certificate should appear as

below:

ATTORNEY CERTIFICATE

Signed:

Attorney for Plaintiff

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Address:

Date: ____________________, 20

     WHITE COPY -- Court

     YELLOW COPY -- Plaintiff

     PINK COPY -- Defendant

     GOLDENROD COPY -- Police Department

     (b) A form in substantially the following language shall suffice for the purpose of

requesting temporary orders under this chapter:

STATE OF RHODE ISLAND FAMILY COURT

COUNTY OF

:

Plaintiff :

:

VS. : F.C. NO.

:

:

Defendant:

TEMPORARY ORDER PURSUANT TO CHAPTER 15 OF

THIS TITLE GENERAL LAWS OF RHODE ISLAND

     Upon consideration of plaintiff's complaint and having found that immediate and

irreparable injury, loss, or damage will result to the plaintiff before a notice can be served and a

hearing had thereon it is ORDERED:

     ______ That the defendant is restrained and enjoined from contacting, assaulting,

molesting, or otherwise interfering with plaintiff and any minor children of the plaintiff at home,

on the street, or elsewhere, to wit, __________________________________________________

     _______________________________________________________________________

     ______ That the defendant vacate forthwith the household located at

     ______ That the plaintiff, being the [husband] [wife] of the defendant, be and

[s]he hereby is awarded temporary custody of the minor child[ren], to wit,

     ______ That the defendant pay to the plaintiff the support of the minor child(ren) the sum

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of $______ per ______.

     ______ That

     A hearing on the continuation of this ORDER will be held at the family court,

__________________County, at _________ [A.M.] [P.M.] on ___________________________.

If the defendant wishes to be heard, [s]he will be heard at that time. If [s]he does not appear at

that time, this ORDER shall remain in effect.

     This ORDER is effective forthwith, and will remain in effect until the time and date of

the above-mentioned hearing.

     A copy of this ORDER shall be transmitted to the appropriate local law enforcement

agency forthwith, and shall be served in-hand on the defendant herein.

     ENTERED as an order of court this __________ day of ______________, A.D. 20__.

     SECTION 2. Section 8-8.1-5 of the General Laws in Chapter 8-8.1 entitled "Domestic

Assault" is hereby amended to read as follows:

     8-8.1-5. Duties of police officers.

     (a) Whenever any police officer has reason to believe that a cohabitant or minor has been

abused, that officer shall use all reasonable means to prevent further abuse, including:

     (1) Remaining on the scene as long as there is danger to the physical safety of the person

or until the person is able to leave the dwelling unit;

     (2) Assisting the person in obtaining medical treatment necessitated by an assault,

including obtaining transportation to an emergency medical treatment facility;

     (3) Giving the person immediate and adequate notice of his or her rights under this

chapter;

     (4) Arresting the person pursuant to the arrest provisions as contained in § 12-29-3.

     (b) Notice by the police officer to the victim shall be by handing the victim a copy of the

following statement written in English, Portuguese, Spanish, Cambodian, Hmong, Laotian,

Vietnamese, and French, and by reading the statement to the person when possible:

     Spouse, former spouse/blood relative/children in common; minor(s) in a substantive

dating or engagement relationship; a plaintiff parent's minor child(ren) to which the defendant is

not a blood relative or relative by marriage:

     "If your attacker is your spouse, former spouse, person to whom you are related by blood

or marriage, or if you are not married to your attacker, but have a child in common, or if you

and/or your attacker are a minor who have been in a substantive dating or engagement

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relationship within the past six (6) months one year, you have the right to go to the family court

and ask the court to issue an order restraining your attacker from abusing you, or your minor child

, or a plaintiff parent's minor child(ren) to which the defendant is not a blood relative or relative

by marriage; you have the right to go to the family court and request:

     (1) an order restraining your attacker from abusing you, or your minor child , or a

plaintiff parent's minor child(ren) to which defendant is not a blood relative or relative by

marriage;

     (2) an order awarding you exclusive use of your marital domicile;

     (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 one year:

     "If you are not married or related to your attacker, but have resided with him or her

within the past three (3) years, you have the right to go 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 right to have the officer present

obtain transportation to an emergency medical treatment facility."

     "If you believe that police protection is needed for your physical safety, you have the

right to have the officer present remain at the scene until you and your children can leave or until

your safety is otherwise insured."

     "You have the right to file a criminal complaint with the responding officer or your local

police department if the officer has not arrested the perpetrator."

     (c) A police officer shall ensure enforcement of the terms of the protective order issued

pursuant to this chapter including but not limited to accompanying a cohabitant to his or her

dwelling or residence in order to secure possession of the dwelling or residence when a vacate

order against the defendant 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, a police officer shall give notice of the order to the

defendant by handing him or her a certified copy of the order. The officer shall indicate that he or

she has given notice by writing on plaintiff's copy of the order and the police department's copy

of the order the date, and time of giving notice and the officer's name and badge number. The

officer shall indicate on the offense report that actual notice was given.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS - DOMESTIC ABUSE PREVENTION

***

     This act would allow plaintiffs seeking a domestic abuse protective order in family court

to include any of their minor children or a plaintiff parent's minor children who are not related to

the defendant by blood or marriage within the same complaint and restraining order, rather than

seeking a protective order in district or superior court of children not biologically-related or

marriage-related to the defendant.

     This act would take effect upon passage.

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