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§8-8.1-6  Form Of Complaint. –


Published: 2015

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TITLE 8

Courts and Civil Procedure–Courts

CHAPTER 8-8.1

Domestic Assault

SECTION 8-8.1-6



   § 8-8.1-6  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. 19]]]].



   ]]]]]]]]]]]]]]]]]]]]]]]]]]]]



   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: ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]], 19]]]]



   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. 19]]]].



   ENTER: ]]]]]]]]]]]]]]]]]] PER ORDER:



   Judge ]]]]]]]]]]]]]]]]]] Clerk ]]]]]]]]]]]]]]]]]]



   Presented by:



   Attorney for Plaintiff



   WHITE COPY ]]]] Court



   YELLOW COPY]]]] Plaintiff



   PINK COPY ]]]] Defendant



   GOLDENROD COPY ]]]] Police Department



History of Section.

(P.L. 1985, ch. 492, § 2; P.L. 1988, ch. 539, § 4; P.L. 1989, ch. 78,

§ 2; P.L. 1995, ch. 145, § 1.)