Rhode Island General Laws 15-15.1-3. Judicial enforcement of order
(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The court shall enforce the terms of the order, including terms that provide relief that the court would lack power to provide but for this chapter. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
Terms Used In Rhode Island General Laws 15-15.1-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the family court. See Rhode Island General Laws 15-15.1-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreign protection order: means a protection order issued by a tribunal of another state. See Rhode Island General Laws 15-15.1-2
- Issuing state: means the state whose tribunal issues a protection order. See Rhode Island General Laws 15-15.1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mutual foreign protection order: means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Rhode Island General Laws 15-15.1-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Protected individual: means an individual protected by a protection order. See Rhode Island General Laws 15-15.1-2
- Protection order: means an injunction or other order, issued by a tribunal under the domestic-violence, family-violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Rhode Island General Laws 15-15.1-2
- Respondent: means the individual against whom enforcement of protection order is sought. See Rhode Island General Laws 15-15.1-2
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 15-15.1-2
- Tribunal: means a court, agency, or other entity authorized by law to issue or modify a protection order. See Rhode Island General Laws 15-15.1-2
(b) The court may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) The court shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d) A foreign protection order is valid if it:
(1) Identifies the protected individual and the respondent;
(2) Is currently in effect;
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) The court may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) The tribunal of the issuing state made specific findings in favor of the respondent.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.