CHAPTER 308


97-H 5858A
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO RESTRAINING ORDERS

It is enacted by the General Assembly as follows

SECTION 1. Section 9-21-11 of the General Laws in Chapter 9-21 entitled "Judgements, Orders, and Decrees" is hereby amended to read as follows:

9-21-11. Restraining orders -- Notification of local authorities. -- The clerk of the superior court of each county {DEL shall DEL} {ADD may ADD} , if requested by the prevailing party's attorney, immediately forward a certified copy of any restraining order issued by a justice of the superior court to the police department of the municipality in which the prevailing party is domiciled whenever the order enjoins one party from interfering with the person of another.

SECTION 2. Section 15-5-19.1 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:

15-5-19.1. Restraining orders -- Notification of local authorities -- Notice of penalty. -- (a)(1) The clerk of the family court {DEL shall DEL} {ADD may ADD} , if requested by the prevailing party's attorney, immediately forward a certified copy of any restraining order issued pursuant to section 15-5-19(a) to the police department of the municipality in which the prevailing party is domiciled, and the police department shall retain the restraining order on file for at least one year.

(2) The clerk shall also provide the prevailing party and/or his/her attorney with two (2) certified copies of any restraining order issued pursuant to section 15-5-19.

(b) Each restraining order issued under this chapter including a temporary ex parte order shall be set out on a separate piece of paper and shall have the following statement printed in bold faced type or in capital letters: A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS ONE THOUSAND DOLLARS ($1,000) OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, AND MAY BE ORDERED TO ATTEND COUNSELLING.

{ADD (c) The clerk of the family court may have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter. ADD}

SECTION 3. This act shall take effect upon passage.



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