TITLE 40
Human services

CHAPTER 40-11
Abused and Neglected Children

SECTION 40-11-12.4


§ 40-11-12.4 Restraining orders.

(a) Whenever the family court has assumed jurisdiction by way of the filing of a petition pursuant to chapter 1 of title 14 or chapter 11 of title 40, the court, upon notice to the individual to be restrained and after a hearing, may restrain the individual so notified from interfering with the personal liberty of another, and may restrain the individual so notified from maliciously causing or attempting to cause bodily harm to another, and may restrain any individual so notified from maliciously causing or attempting to cause bodily harm to another and, upon a finding by the court that any person has been so harmed 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" shall include any party to the petition or any person acting on behalf of the party.

(c) Restraining orders pursuant to this provision shall be issued in conformity with the hearing and notice requirements set forth in § 15-15-1 et seq.

(d)(1) The family court shall have the authority to enforce any violation of a restraining order entered pursuant to this section by contempt.

(2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.

(e) Any violation of a restraining order under this chapter protecting a person against bodily harm and/or against threat of imminent bodily injury shall be a misdemeanor which shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both. The penalties for violation of this section shall also include the penalties provided in § 12-29-5.

History of Section.
(P.L. 1997, ch. 48, § 1.)