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Legal Statutes: Rhode Island

UPDATED May 25, 2017

Rhode Island Statutes

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Chapter 8-8.1. Domestic Assault

back to top8-8.1-6. 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 DISTRICT COURT

COUNTY OF

DIVISION

Plaintiff :

VS : NO :

Defendant :

COMPLAINT FOR PROTECTION FROM ABUSE

Pursuant to chapter 8.1 of title 8 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, at which I resided with the defendant, is as follows (street address and city):

(3) My former residence is a house:

_______ I own

_______ Defendant owns

_______ We jointly own

My former residence is an apartment:

_______ There is no lease

_______ My name is on lease and defendant's is not

_______ Defendant's name is on lease and mine is not

_______ Both our names are on lease

(4) The full name, present street address, city and telephone number of the person causing me abuse (the defendant) are as follows:

(5) On or about __________, without cause or provocation I suffered abuse when the defendant:

_______ Threatened or harmed 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:

(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:

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

(7) I have not sought protection from abuse from any other judge of the district court arising out of the same facts or circumstances alleged in this complaint.

___________________
(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 below:

ATTORNEY CERTIFICATE

Signed:_____________

Attorney for Plaintiff

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 DISTRICT COURT

COUNTY OF_____________________

_____________________ DIVISION:

Plaintiff : ____________________________

VS : NO:

Defendant : ____________________________

(TEMPORARY) ORDER PURSUANT TO CHAPTER _______ OF THE G.L. OF R.I.

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 at home, on the street or elsewhere.

_______ That the defendant vacate forthwith the household located at

A hearing on the continuation of this ORDER will be held at the District Court, __ County, __Division, at (A.M.) (P.M.) on ___. If the defendant wishes to be heard, she/he will be heard at that time. If she/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__.

ENTER: _____________________PER ORDER:

Judge _____ Clerk _

Presented by:

___________________________________
(Attorney for Plaintiff)

WHITE COPY _______ Court

YELLOW COPY _______ Plaintiff

PINK COPY _______ Defendant

GOLDENROD COPY _______ Police Department
P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 78, § 2; P.L. 1995, ch. 145, § 1.