§ 12-29-4. Restrictions upon and duties of court.
(a)(1) Because of the likelihood of repeated violence directed at those who have been victims
of domestic violence in the past, when a person is charged with or arrested for a
crime involving domestic violence, that person may not be released from custody on
bail or personal recognizance before arraignment without first appearing before the
court or bail commissioner. The court or bail commissioner authorizing release shall
issue a no-contact order prohibiting the person charged or arrested from having contact
with the victim.
(2) At the time of arraignment or bail hearing the court or bail commissioner shall determine
whether a no-contact order shall be issued or extended.
(3) Willful violation of a court order issued under subdivision (1), (2), or as part of
disposition of this subdivision of this subsection is a misdemeanor. Beginning July
1, 2025, said violation shall be prosecuted by an attorney appointed by the prosecuting
authority who shall self-certify that they have successfully completed a specialized
domestic violence prosecution training course and updated training every four (4)
years thereafter, aligned with national best practices and eligible for continuing
legal education credit(s) as approved by the Rhode Island Bar Association. The written
order releasing the person charged or the written order issued at the time of disposition
shall contain the court's directive and shall bear the legend: "Violation of this
order is a criminal offense under this section and will subject a violator to arrest�.
A copy of the order shall be provided to the victim.
(4) Beginning July 1, 2025, said violation shall, at the initial appearance, be presented
by a member of a law enforcement agency and/or prosecuted by an attorney appointed
by the prosecuting authority all of whom shall be prosecuted by an attorney appointed
by the prosecuting authority who shall self-certify that they have successfully completed
a specialized domestic violence prosecution training course and updated training every
four (4) years thereafter, aligned with national best practices and eligible for continuing
legal education credit(s) as approved by the Rhode Island Bar Association. The written
order releasing the person charged or the written order issued at the time of disposition
shall contain the court's directive and shall bear the legend: "Violation of this
order is a criminal offense under this section and will subject a violator to arrest�.
A copy of the order shall be provided to the victim.
(5) Whenever an order prohibiting contact is issued, modified, or terminated under subdivision
(1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of
the order on or before the next judicial day to the appropriate law enforcement agency
specified in the order.
(b) Because of the serious nature of domestic violence, the court in domestic violence
actions:
(1) Shall not dismiss any charge or delay disposition because of concurrent dissolution
of marriage or other civil proceedings;
(2) Shall not require proof that either party is seeking a dissolution of marriage prior
to instigation of criminal proceedings;
(3) Shall identify by reasonable means on docket sheets those criminal actions arising
from acts of domestic violence; and
(4) Shall make clear to the defendant and victim that the prosecution of the domestic
violence action is determined by the prosecutor and not the victim.
(c) To facilitate compliance with the provisions of this section, the district court shall
assure that the misdemeanor and felony complaint forms indicate whether the crime
charged involves domestic violence and, if so, the relationship of the victim and
defendant.
(d) Notwithstanding the provisions of §â€‰ 12-10-12, the filing of any complaint for a crime involving domestic violence shall be conditioned
upon the defendant keeping the peace and being of good behavior for a period of three
(3) years. In the event a particular case involving domestic violence is filed on
a plea of not guilty, guilty or nolo contendere pursuant to § 12-10-12, the court having jurisdiction shall retain the records of the case for a period
of three (3) years from the date of the filing. These records shall not be expunged,
sealed, or otherwise destroyed for a period of three (3) years from the date of filing.
Furthermore, the destruction or sealing of records in the possession of the department
of attorney general bureau of criminal identification, the superintendent of the state
police, or the police departments of any city or town after a filing related to a
crime involving domestic violence shall be governed by §â€‰ 12-1-12.