§ 15-15-3. Protective orders — Penalty — Jurisdiction.
(a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or
the director of the department of children, youth and families ("DCYF�) or its designee
for a child in the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any order that will protect
and support her or him from abuse or sexual exploitation, including, but not limited
to, the following:
(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,
molesting, sexually exploiting, or interfering with the plaintiff at home, on the
street, or elsewhere, whether the defendant is an adult or a minor;
(2) Ordering the defendant to vacate the household immediately, and further providing
in the order for the safety and welfare of all household animals and pets;
(3) Awarding the plaintiff custody of the minor children of the parties, if any;
(4) Ordering the defendant to surrender physical possession of all firearms in his or
her possession, care, custody, or control and shall further order a person restrained
not to purchase or receive, or attempt to purchase or receive, any firearms while
the protective order is in effect. The defendant shall surrender said firearms within
twenty-four (24) hours of notice of the protective order to the Rhode Island state
police or local police department or to a federally licensed firearms dealer.
(i) A person ordered to surrender possession of any firearm(s) pursuant to this section
shall, within seventy-two (72) hours after being served with the order, either:
(A) File with the court a receipt showing the firearm(s) was physically surrendered to
the Rhode Island state police or local police department, or to a federally licensed
firearms dealer; or
(B) Attest to the court that, at the time of the order, the person had no firearms in
his or her immediate physical possession or control, or subject to their immediate
physical possession or control, and that the person, at the time of the attestation,
has no firearms in their immediate physical possession or control, or subject to their
immediate physical possession or control.
(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed
firearms dealer pursuant to this section, the person restrained under this section
may instruct the federally licensed firearms dealer to sell the firearm(s) or to transfer
ownership, in accordance with state and federal law, to a qualified named individual
who is not a member of the person's dwelling house, who is not related to the person
by blood, marriage, or relationship as defined by § 15-15-1(7), and who is not prohibited from possessing firearms under state or federal law. The
owner of any firearm(s) sold shall receive any financial value received from its sale,
less the cost associated with taking possession of, storing, and transferring of the
firearm(s).
(iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this
subsection shall be prohibited from transferring or returning any firearm(s) to the
person restrained under this section while the protective order remains in effect
and shall be informed of this prohibition, Any knowing violation of this subsection
is a felony that shall be punishable by a fine of not more than one thousand dollars
($1,000), or by imprisonment for a term of not less than one year and not more than
five (5) years, or both.
(iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this subsection
shall return a firearm(s) to the person formerly restrained under this section only
if the person formerly restrained under this section provides documentation issued
by a court indicating that the restraining order issued pursuant to this section that
prohibited the person from purchasing, carrying, transporting, or possessing firearms
has expired and has not been extended;
(5) After notice to the respondent and a hearing, ordering either party to make payments
for the support of a minor child or children of the parties as required by law for
a period not to exceed ninety (90) days, unless the child support order is for a child
or children receiving public assistance pursuant to chapter 5.1 of title 40 [repealed]. In these cases, legal counsel for the division of taxation, child support
enforcement, shall be notified as a party in interest to appear for the purpose of
establishing a child support order under a new or existing docket number previously
assigned to the parties and not under the protective docket number. The child support
order shall remain in effect until the court modifies or suspends the order.
(b) After notice to the respondent and a hearing, which shall be held within fifteen (15)
days of surrendering said firearms, the court, in addition to any other restrictions,
may, for any protective order issued after or renewed on or after July 1, 2017, continue
the order of surrender, and shall further order a person restrained under this section
not to purchase or receive, or attempt to purchase or receive, any firearms while
the protective order is in effect.
(c) The family court shall provide a notice on all forms requesting a protective order
that a person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession of any firearms while the protective order is in effect.
The form shall further provide that any person who has surrendered his or her firearms
shall be afforded a hearing within fifteen (15) days of surrendering his or her firearms.
(d) Any firearm surrendered in accordance with this section to the Rhode Island state
police or local police department shall be returned to the person formerly restrained
under this section upon the person's request when:
(1) The person formerly restrained under this section produces documentation issued by
a court indicating that the restraining order issued pursuant to this section that
prohibited the person from purchasing, carrying, transporting, or possessing firearms
has expired and has not been extended; and
(2) The law enforcement agency in possession of the firearms determined that the person
formerly restrained under this section is not otherwise prohibited from possessing
a firearm under state or federal law.
(3) The person required to surrender their firearms pursuant to this section shall not
be responsible for any costs of storage of any firearms surrendered pursuant to this
section.
(e) The Rhode Island state police are authorized to develop rules and procedures pertaining
to the storage and return of firearms surrendered to the Rhode Island state police
or local police departments pursuant to this section. The Rhode Island state police
may consult with the Rhode Island Police Chiefs' Association in developing rules and
procedures.
(f) Nothing in this section shall be construed to limit, expand, or in any way modify
orders issued under § 12-29-7 or § 15-5-19.
(g) Nothing in this section shall limit a defendant's right under existing law to petition
the court at a later date for modification of the order.
(h) The court shall immediately notify the person suffering from domestic abuse whose
complaint gave rise to the protective order, and the law enforcement agency where
the person restrained under this section resides, of the hearing.
(i) The person suffering from domestic abuse, local law enforcement, and the person restrained
under this section shall all have an opportunity to be present and to testify when
the court considers the petition.
(j) At the hearing, the person restrained under this section shall have the burden of
showing, by clear and convincing evidence, that, if his or her firearm rights were
restored, he or she would not pose a danger to the person suffering from domestic
abuse or to any other person.
(1) In determining whether to restore a person's firearm rights, the court shall examine
all relevant evidence, including, but not limited to: the complaint seeking a protective
order; the criminal record of the person restrained under this section; the mental
health history of the person restrained under this section; any evidence that the
person restrained under this section has, since being served with the order, engaged
in violent or threatening behavior against the person suffering from domestic abuse
or any other person.
(2) If the court determines, after a review of all relevant evidence and after all parties
have had an opportunity to be heard, that the person restrained under this section
would not pose a danger to the person suffering from domestic abuse or to any other
person if their firearm rights were restored, then the court may grant the petition
and modify the protective order and lift the firearm prohibition.
(3) If the court lifts a person's firearms prohibition pursuant to this subsection, the
court shall issue the person written notice that the person is no longer prohibited
under this section from purchasing or possessing firearms while the protective order
is in effect.
(k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic
violence restraining order issued under this section shall not apply with respect
to sworn peace officers as defined in § 12-7-21 and active members of military service, including members of the reserve components
thereof, who are required by law or departmental policy to carry departmental firearms
while on duty or any person who is required by their employment to carry a firearm
in the performance of their duties. Any individual exempted pursuant to this exception
may possess a firearm only during the course of their employment. Any firearm required
for employment must be stored at the place of employment when not being possessed
for employment use; all other firearm(s) must be surrendered in accordance with this
section.
(l) Upon motion by the plaintiff, the plaintiff's address shall be released only at the
discretion of the family court judge.
(m)(1) Any violation of the protective orders in subsection (a) of this section shall subject
the defendant to being found in contempt of court.
(2) The contempt order shall not be exclusive and shall not preclude any other available
civil or criminal remedies. Any relief granted by the court shall be for a fixed period
of time not to exceed three (3) years, at the expiration of which time the court may
extend any order, upon motion of the plaintiff, for any additional time, that it deems
necessary to protect the plaintiff from abuse. The court may modify its order at any
time upon motion of either party.
(n)(1) Any violation of a protective order under this chapter of which the defendant has
actual notice shall be a misdemeanor that shall be punished by a fine of no more than
one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
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.
(2) The penalties for violation of this section shall also include the penalties as provided
by § 12-29-5.
(o) 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 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.
(p) Actual notice means that the defendant has received a copy of the order by service
or by being handed a copy of the order by a police officer pursuant to § 15-15-5(d).
(q)(1) The district court shall have criminal jurisdiction over all adult violations of this
chapter.
(2) The family court shall have jurisdiction over all juvenile violations of this chapter.