STATE OF RHODE ISLAND – FAMILY COURT
DOMESTIC VIOLENCE PROTECTION ORDER TEMPLATE
(Comprehensive Attorney-Drafted Form – For Immediate Legal Customization)
[// GUIDANCE: This template tracks the structure requested while conforming to Rhode Island’s Domestic Abuse Prevention Act, R.I. Gen. Laws § 15-15-1 et seq. Customize bracketed items and delete guidance boxes before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties (Judicial Findings)
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title & Court Identification
DOMESTIC VIOLENCE PROTECTION ORDER
Rhode Island Family Court – [COUNTY] Division
Case No.: [____]
1.2 Parties
a. Protected Party/Petitioner: [PETITIONER NAME], Date of Birth [], Address [CONFIDENTIAL / ].
b. Restrained Party/Respondent: [RESPONDENT NAME], Date of Birth [], Last Known Address [____].
1.3 Effective Date & Duration
a. Temporary Order Issue Date: [MM/DD/YYYY]
b. Final Hearing Date (if scheduled): [MM/DD/YYYY]
c. Order Expiration: [__ months/years] from the date of issuance unless sooner modified or extended by the Court pursuant to R.I. Gen. Laws § 15-15-3(h).
1.4 Recitals
WHEREAS, Petitioner alleges acts of domestic abuse as defined in R.I. Gen. Laws § 15-15-1; and
WHEREAS, the Court finds good cause to believe the Petitioner is in immediate danger of abuse and that injunctive relief is necessary;
NOW, THEREFORE, IT IS HEREBY ORDERED as follows.
2. DEFINITIONS
(The following capitalized terms apply throughout this Order.)
“Abuse” – Conduct meeting the definition in R.I. Gen. Laws § 15-15-1(1).
“Contact” – Any direct or indirect communication, including via electronic, digital, or third-party means.
“Firearm” – Any weapon described in 18 U.S.C. § 921(a)(3) or R.I. Gen. Laws § 11-47-2.
“Minor Child” – A child under eighteen (18) years of age who is either (i) of the parties, or (ii) under the Petitioner’s care.
“Protected Location” – The residence, school, workplace, or other specifically identified place listed in Section 3.2.
“Restrained Party” – The individual against whom this Order is issued.
[// GUIDANCE: Add additional defined terms as needed for child-custody, support, or property provisions.]
3. OPERATIVE PROVISIONS
3.1 No Contact. The Restrained Party SHALL NOT directly or indirectly contact the Protected Party or any Minor Child except as expressly permitted in Section 3.5.
3.2 Stay-Away. The Restrained Party SHALL remain at least [100] yards from:
i. Protected Party;
ii. Minor Child;
iii. Protected Locations: [RESIDENCE ADDRESS / SCHOOL / WORKPLACE / OTHER]; and
iv. Any temporary location where the Protected Party or Minor Child reasonably may be.
3.3 Firearms Surrender.
a. Within forty-eight (48) hours of service, the Restrained Party SHALL surrender all Firearms, ammunition, and firearm permits to [LOCAL POLICE DEPARTMENT] pursuant to R.I. Gen. Laws § 15-15-3(c)(4).
b. Law enforcement to file written receipt with the Court within seventy-two (72) hours of surrender.
3.4 Exclusive Use of Residence. The Restrained Party is ORDERED to vacate the residence located at [ADDRESS] immediately and shall not interfere with utilities, personal property, or mail.
3.5 Child-Related Relief.
a. Temporary Custody. Sole physical and legal custody of the following Minor Child(ren) is awarded to Petitioner: [NAME(S), DOB].
b. Supervised Visitation. Any visitation shall occur only at [SUPERVISED FACILITY] on [DAYS/TIMES] and be supervised by [AGENCY/INDIVIDUAL].
c. Child Support. The Restrained Party shall pay temporary child support of $[AMOUNT] per week via [RI FAMILY COURT PAYMENT CENTER], commencing [DATE].
3.6 Financial & Other Relief. The Restrained Party shall:
a. Refrain from transferring, concealing, or disposing of marital or jointly held assets exceeding $[AMOUNT] without Court approval.
b. Continue health-insurance coverage for Petitioner and Minor Child(ren).
3.7 Counseling & Treatment. The Restrained Party is ORDERED to complete:
i. Batterers Intervention Program approved by the RI Court, within [90] days; and
ii. Substance abuse/mental health evaluation as directed by Probation/Parole.
3.8 Service & Law-Enforcement Entry.
a. A certified copy of this Order SHALL be served on the Restrained Party by [SHERIFF / CONSTABLE] within [5] days.
b. Law enforcement officers are authorized to enter the premises as necessary to effectuate service and ensure Petitioner’s safety.
3.9 Duration & Modification. This Order remains in full force until the expiration date in Section 1.3 or as modified/extended by further Court order. Either party may move to modify with seven (7) days’ written notice absent emergency circumstances.
4. REPRESENTATIONS & WARRANTIES (JUDICIAL FINDINGS)
4.1 Jurisdiction. The Court finds it has subject-matter jurisdiction under R.I. Gen. Laws § 15-15-2 and personal jurisdiction over the Restrained Party.
4.2 Notice & Opportunity to Be Heard. The Restrained Party has been (or will be) afforded notice and the opportunity for a full hearing consistent with due-process requirements and the timelines in § 15-15-4.
4.3 Prima Facie Showing. Based on testimony, affidavits, and exhibits, the Court finds probable cause to believe the Restrained Party committed or threatened Abuse, and injunctive relief is the least restrictive means to prevent further harm.
[// GUIDANCE: For ex parte issuance, indicate hearing date at which these findings will be reviewed.]
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Restrained Party.
a. Comply with all terms of this Order at all times, in all jurisdictions under 18 U.S.C. § 2265.
b. Appear at all scheduled hearings; failure may result in default and extension of relief.
c. Notify the Court in writing within forty-eight (48) hours of any change of address or contact information.
5.2 Negative Covenants of Restrained Party.
a. Do not possess Firearms or ammunition for the duration of this Order.
b. Do not use, attempt, or threaten physical force against Petitioner or Minor Child.
c. Do not engage in harassment, stalking, or surveillance of Petitioner.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any violation of Sections 3 or 5 constitutes an Event of Default.
6.2 Graduated Remedies. Upon default:
i. Immediate arrest under R.I. Gen. Laws § 15-15-5 and § 15-15-8;
ii. Criminal prosecution for a misdemeanor punishable by up to one (1) year imprisonment and/or $1,000 fine;
iii. Civil contempt sanctions, including incarceration until compliance;
iv. Federal prosecution under 18 U.S.C. § 922(g)(8) (firearm possession) where applicable;
v. Extension or modification of this Order for up to five (5) additional years.
6.3 Attorney’s Fees & Costs. The Court may award reasonable attorney’s fees and costs to the prevailing party in any enforcement proceeding.
7. RISK ALLOCATION
7.1 Indemnification. [NOT APPLICABLE TO THIS ORDER.]
7.2 Limitation of Liability. [NOT APPLICABLE TO THIS ORDER.]
7.3 Force Majeure. Compliance with this Order is mandatory; no force-majeure defense shall excuse non-compliance.
8. DISPUTE RESOLUTION & JURISDICTION
8.1 Governing Law. This Order is governed by Rhode Island law, including R.I. Gen. Laws § 15-15-1 et seq., and applicable federal statutes.
8.2 Forum Selection. Exclusive jurisdiction lies with the Rhode Island Family Court, [COUNTY] Division.
8.3 Arbitration & Jury Trial. Arbitration is unavailable. The matter shall be adjudicated by the Court without a jury pursuant to applicable Family Court procedure.
8.4 Continuing Jurisdiction. The Court retains continuing jurisdiction to enforce, modify, or vacate this Order.
8.5 Injunctive Relief. Nothing herein limits the Court’s contempt powers or the ability of law enforcement to act immediately to prevent harm.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Only a written Order of this Court may amend, terminate, or waive any provision herein. Oral agreements are unenforceable.
9.2 Assignment. Rights and obligations under this Order are personal to the parties and non-assignable.
9.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.
9.4 Integration. This Order constitutes the entire injunctive relief granted; any prior temporary orders are superseded except to the extent expressly incorporated herein.
9.5 Notices. All motions or notices shall be filed with the Clerk of the Family Court and served on the opposing party in conformity with R.I. Fam. Ct. R. Dom. Rel. P. 5.
9.6 Law-Enforcement Distribution. The Clerk shall transmit certified copies of this Order to:
i. [LOCAL POLICE DEPARTMENT];
ii. Rhode Island State Police;
iii. National Crime Information Center (NCIC) Protection Order File.
9.7 Electronic & Facsimile Signatures. Pursuant to R.I. Fam. Ct. Admin. Order 2020-05 (as amended), electronic signatures on this Order and on law-enforcement returns of service are valid and enforceable.
10. EXECUTION BLOCK
SO ORDERED.
DATED: ___ / ___ / 20___
[JUDGE NAME], Associate Justice
Rhode Island Family Court, [COUNTY] Division
Presented By:
_____ _____
[ATTORNEY FOR PETITIONER] [ATTORNEY FOR RESPONDENT]
Bar No. [_] Bar No. [___]
[// GUIDANCE: Add notary acknowledgment for Petitioner’s affidavit if required by local practice.]
LAW ENFORCEMENT RETURN OF SERVICE
I, [NAME], [TITLE], certify that on ___ / ___ / 20___ I personally served a true copy of this Order on the Restrained Party at [LOCATION].
Signature & Badge No.
Date: ___ / ___ / 20___
[// GUIDANCE:
1. Attach Petitioner’s sworn affidavit and any exhibits as Schedule A.
2. Attach Child Support Guidelines Worksheet as Schedule B, if applicable.
3. For firearm surrender details, include Schedule C listing surrendered items and serial numbers.
4. Delete schedules that do not apply.]