R.I. Gen. Laws § 15-15-6

Current through 2024 Public Law 457

Section 15-15-6 - 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		FAMILY COURT
COUNTY OF _________
__________________	:
Plaintiff	:
	:
VS.	:	F.C. NO. ________
	:
__________________	:
Defendant	:

COMPLAINT FOR PROTECTION FROM ABUSE

Pursuant to Chapter 15 of this title, 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, which I have left to avoid abuse, is as follows (street address and city): _________

_________

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

_________

(4) My relationship to the defendant is as follows:

___ We (are) (were formerly) married to one another.

___ I am the defendant's (child) (parent).

___ I am the blood relative or relative by marriage of the defendant; specifically, the defendant is my ____.

___ I and the defendant are together the legal parents of one or more children in common.

______ I and the defendant have had a substantive dating or engagement relationship.

___ I am a parent of a minor child(ren) in my care or custody, to which defendant is not a blood relative or relative by marriage.

(5) On or about ________, I suffered abuse when the defendant:

___ Threatened or harmed me 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

_________

___ The court award me temporary custody of the following minor child(ren)(the defendant and I are husband and wife):

Names	Date of Birth
That _________	_________
_________	_________
_________	_________

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

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

(8) That the court award me support for my minor children as required by law for a period not to exceed ninety (90) days.

_________	_________
(Signature)	(Date)

Subscribed and sworn to before me in __________ in the county of ________ in the state of Rhode Island, this _____ day of ________ A.D. 20___.

_________

Notary Public

Note: If this complaint is filed by an attorney, the attorney's certificate should appear as 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		FAMILY COURT
COUNTY OF _________
__________________	:
Plaintiff	:
	:
VS.	:	F.C. NO. ________
	:
__________________	:
Defendant	:

TEMPORARY ORDER PURSUANT TO CHAPTER 15 OF

THIS TITLE GENERAL LAWS OF RHODE ISLAND

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 and any minor children of the plaintiff at home, on the street, or elsewhere, to wit, _________

_________

___ That the defendant vacate forthwith the household located at

_________

___ That the plaintiff, being the [husband] [wife] of the defendant, be and [s]he hereby is awarded temporary custody of the minor child[ren], to wit, _________

_________.

___ That the defendant pay to the plaintiff for the support of the minor child(ren) the sum of $___ per ___.

___ That _________

_________

_________

A hearing on the continuation of this ORDER will be held at the family court, _______ County, at ____ [A.M.] [P.M.] on ________. If the defendant wishes to be heard, [s]he will be heard at that time. If [s]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___.

R.I. Gen. Laws § 15-15-6

Amended by 2019 Pub. Laws, ch. 66, § 1, eff. 6/28/2019.

Amended by 2019 Pub. Laws, ch. 59, § 1, eff. 6/28/2019.

P.L. 1982, ch. 389, § 1; P.L. 1985, ch. 372, § 1; P.L. 1988, ch. 539, § 2; P.L. 1989, ch. 78, § 1; P.L. 1991, ch. 221, §1; P.L. 1995 , ch. 170, § 1.