§ 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 this title, 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, outpatient 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 that 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.
Structure Rhode Island General Laws
Chapter 40-11 - Abused and Neglected Children
Section 40-11-2. - Definitions.
Section 40-11-3. - Duty to report — Deprivation of nutrition or medical treatment.
Section 40-11-3.1. - Duty to report death of child due to child abuse or neglect.
Section 40-11-3.2. - False reporting of child abuse and neglect.
Section 40-11-3.3. - Duty to report — Sexual abuse of a child in an educational program.
Section 40-11-4. - Immunity from liability.
Section 40-11-5. - Protective custody by physician or law enforcement officer.
Section 40-11-6. - Report by physicians and healthcare providers of abuse or neglect.
Section 40-11-6.1. - Penalty for failure to report or perform required act.
Section 40-11-7.1. - Family court proceedings.
Section 40-11-7.2. - Evidence.
Section 40-11-7.3. - Mediation of child protection matters.
Section 40-11-8. - Injury control unit.
Section 40-11-9. - Duties of law enforcement agency.
Section 40-11-10. - Use of physician’s report for petition for removal.
Section 40-11-11. - Abrogation of privileged communications.
Section 40-11-12. - Award of custody.
Section 40-11-12.1. - Family court review.
Section 40-11-12.2. - Permanency plan — Order of court.
Section 40-11-12.3. - Guardianship subsidy.
Section 40-11-12.4. - Restraining orders.
Section 40-11-13. - Confidentiality of reports and records — Penalty for disclosure.
Section 40-11-13.1. - Destruction of reports and records.
Section 40-11-14. - Right to representation in court proceedings.
Section 40-11-15. - Religious practices.
Section 40-11-16. - Severability.
Section 40-11-17. - Shaken-baby syndrome prevention initiative.
Section 40-11-18. - Children’s advocacy centers — Services — Requirements.