Rhode Island General Laws 15-15.1-4. Nonjudicial enforcement of order
(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
Terms Used In Rhode Island General Laws 15-15.1-4
- Foreign protection order: means a protection order issued by a tribunal of another state. See Rhode Island General Laws 15-15.1-2
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) If a law enforcement officer of the state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this chapter.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.