RI divorce lawyer David Slepkow answers the following FAQS concerning RI Spousal Support: Who Qualifies for Alimony? What Factors must a Family Court Judge Look at to whether a litigant qualifies?

Rhode Island alimony law

Alimony is payments that one spouse may be ordered to pay another spouse for support as a result of a divorce.  Some spouses qualify for alimony. Spousal Support is also known as Alimony or Spousal Maintenance.

R.I.G.L 15-5-16 sets forth the factors that a Providence Family Court Judge should use in determining whether a Husband or Wife Qualifies for Spousal Support.

Rehabilitative alimony in RI

The RI Supreme Court Stated “Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Berard v. Berard 

The Rhode Island Alimony statute is set forth below. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.'” Thompson v. Thompson

The intent of alimony is rehabilitative in nature. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exercise of reasonable efforts, in a position of self-support.'” Id.

RI not well regarded for generous awards

Rhode Island is not well regarded as a state that is generous in awarding alimony. RI’s neighbor, Massachusetts is known as a state that is very generous in its alimony determinations despite recent laws in Mass. limiting permanent alimony. The primary reason for this is the “rehabilitative” nature of alimony in RI. RI is not an income equalization state!

Generally, Alimony is awarded for a period of time, in increments which are usually weekly or monthly. Alimony could be awarded as a result of a Divorce settlement. If a party requests alimony or is unwilling to waive alimony and the parties cannot agree to an alimony award, then alimony may be awarded at the divorce trial.

Temporary alimony in Providence Family Court

Temporary Alimony may be awarded by the Family Court towards the beginning of the divorce case. This temporary Alimony award will stay in effect until the final decision by the judge at the Trial. (unless it is modified based on a substantial change in circumstances) Alimony is usually awarded on a temporary basis but can be awarded on an indefinite and (perhaps what turns out to be permanent) basis if the facts justify indefinite alimony. The Rhode Island Supreme Court ruled that “Alimony may be awarded even for an indefinite period as long as the trial justice considers all the statutory factors.”

Permanent alimony allowed in Rhode Island?

Indefinite alimony may be ordered in a case where a party is seriously disabled or as a result of old age is unable to work. Indefinite alimony could also be awarded in a plethora of different factual circumstances.

The Court must look at “The health, age, station, occupation, amount and source of income, vocational skills and employ-ability of the party’s in making a spousal support award.”  Ability to pay is a crucial factor in determining the amount of alimony and whether alimony should be awarded. There are many cases in which a spouse is in desperate need of alimony, but the other spouse does not have the ability to pay alimony. In some cases, the spouse does not have an ability to pay because of a child support obligation to the other spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court, “Section 15-5-16 does not explicitly prohibit one lump-sum award.” However, lump sum award alimony appears to be disfavored.

Who are the best candidates for an alimony award?

The best candidate for alimony is a spouse who put aside his or her career ambitions for many years to be a homemaker and care for the children. As a result of the role of nurturing the children and establishing and maintaining a home, the other spouse was able to advance his or her career in order to be able to afford to pay alimony.

In some cases, the family decided that one parent would put aside his or her career aspirations to raise a child or minor children. As a result, the homemaker’s skill set is so outmoded that he or she is unable to obtain suitable employment. This is usually because the homemaker’s job skills, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Perhaps the person does not have enough of an employment history to be able to be self-supporting and self-sufficient without receiving alimony. In some cases, the spouse is unable to work because the spouse currently has a physical custody and placement of a young child.

For this type of person, the intent of an award of Rehabilitative Alimony would be to allow a person to build a work history, advance his or her education, employment training, licenses etc. so that the person can be self-supporting and self-sufficient in the future.

The disabled

Another type of person who is an excellent candidate for alimony is a person who is temporarily disabled or permanently disabled especially if the marriage has been a long marriage. Another good candidate for alimony is a spouse who has severely disabled children which renders it difficult or impossible for the person to seek employment.

“The assignment of property must precede any determination of alimony because the needs of each party will be affected by the equitable distribution of the marital estate. Section 15-5-16.1(c). In determining the amount of alimony, the court must consider: “(i) [t]he length of the marriage; (ii) [t]he conduct of the parties during the marriage; (iii) [t]he health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and (iv) [t]he state and the liabilities and needs of each of the parties.” Section15-5-16(b)(1).6

Child support and alimony

Rhode Island Child Custody and Placement plays a role in an alimony determination. If the parties have children, the Court must also make an award of Rhode Island Child Support before the Court determines an alimony award.  The Child Support award plays a large role in determining the resources of the parent with physical custody of the minor child. A child support order may severely affect an individuals ability to afford alimony in the future.

The needs and expenses of both parties is crucial in determining alimony

Needs and expenses are intertwined with the standard of living of the parties. The Court may look at the following types of expenses and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription expenses, dental expenses, cable, internet, utilities, heat, gas, vehicle expenses etc.

Conduct such as affairs not really relevant

Although conduct is a factor in alimony determinations per the RI Alimony Statute, it is not a significant factor since alimony is primarily based on need. Conduct such as an affair, drug or alcohol addiction, gambling problem, domestic violence plays more of a role in equitable division of assets then in an Alimony determination.

Federal income tax implications

An award of alimony no longer has Federal Income Tax consequences. Alimony is not taxable to the spouse who receives the alimony and is not deductible by the spouse who pays alimony. Payment of alimony is NOT a taxable event  Payment of child support is, also, a non-taxable event. The parent who pays child support is not entitled to a deduction for payment and the receiving spouse does not include the payment as income. Therefore, it is tax free money to the parent who receives the child support. 26 U.S.C.A. 71.

The designation of payments as alimony rather than property distribution has consequences in Bankruptcy Proceedings. An alimony award is generally not dischargeable in Bankruptcy. The interrelation between family law, alimony and bankruptcy is also beyond the scope of this article. Please consult with a RI Bankruptcy Lawyer / Attorney.

Modify alimony?

Another important issue, perhaps crucial issue, is whether or not the parties entered into a property settlement agreement in the divorce.  In order for the alimony to be completely non-modifiable, the alimony must be agreed to in a Property settlement agreement. A Property settlement agreement is otherwise known as a Marital Settlement Agreement. (MSA) The Court has no power to modify a property settlement agreement. A Court can only enforce or interpret a property settlement agreement. In the event of impossibility of payment, the Court could award equitable relief, equitably reforming the contract between the parties.  Please contact a Rhode Island divorce attorney concerning whether or not it is advisable to draft a Property Settlement agreement in your case.

Proper drafting of a Property Settlement Agreement and Alimony provisions in a Property Settlement Agreement is beyond the scope of this article.

The length of the marriage is a very important factor that the RI Family Court Judge looks at in determining Alimony. The Court also needs to hear testimony concerning the party requesting alimony plan to become self-supporting and self-sufficient.

The Court can also look at the relative ability of both spouses to earn income and or acquire assets and property in the future

If a person is ordered to pay alimony and does not pay alimony, the other person can file a contempt motion. If a person is found in willful contempt of a Court order, he could be jailed until they purge themselves of the contempt. Rhode Island Family Court judges take failure to comply with their alimony orders very seriously. If the Alimony award is modifiable, either party could file a motion to modify the alimony based on a substantial change in circumstances.

• 15-5-16 Alimony and counsel fees – Custody of children.

(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

(b) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

(i) The length of the marriage;

(ii) The conduct of the parties during the marriage;

(iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

(iv) The state and the liabilities and needs of each of the parties.

(2) In addition, the court shall consider:

(i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

(ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

(A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

(B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

(C) The probability, given a party’s age and skills, of completing education or training and becoming self-supporting;

(D) The standard of living during the marriage;

(E) The opportunity of either party for future acquisition of capital assets and income;

(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living;

(G) Any other factor which the court expressly finds to be just and proper.

(c) For the purposes of this section, “alimony” is construed as payments for the support or maintenance of either the husband or the wife.

(2) Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court’s discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.”

Can a woman be ordered to pay alimony in Rhode Island?

Yes. Absolutely. The same Rhode Island Alimony Laws apply to a woman’s potential obligation to pay alimony that apply for a man. However, under the old common Law it was only a husband who had a legal obligation to support his wife. Those were very different times because woman were not allowed to own any property. Also, there was no absolute divorce in those days.

The Rhode Island Supreme Court licenses all Lawyers / Attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice

Criminal charges and criminal prosecutions in Rhode Island are often inextricably intertwined with child custody, paternity, visitation, property rights, restraining orders, divorce and family law issues, either directly or indirectly. There could be multiple proceedings pending in Rhode Island Courts, simultaneously. For example, there could be the following cases pending at the same time:

• criminal prosecution involving a no contact order,
• Providence Family Court complaint protection from abuse 
• a child custody battle or a divorce in RI

Divorce and Criminal law in RI

If the parties are not married, in addition to the criminal proceedings, there could be a miscellaneous petition for custody and visitation. There also may be a DCYF (abuse, neglect or dependency) proceeding going forward.  There also could be a RI child support case, paternity proceeding or even a RI Family Court juvenile proceeding. If you were arrested and charged with a criminal charge in RI then you should contact a Rhode Island criminal defense lawyer.  If you need legal help with a divorce in RI, then contact Rhode Island divorce lawyer, David Slepkow 401-437-1100.

part 2 of 5,  part 3 of 5,  part 4 of 5, part 5 of 5

What is a “domestic” criminal offense in Rhode Island?

This article applies to misdemeanor criminal charges in Rhode Island and Providence Plantations. A misdemeanor in RI is a “domestic” offense if it involves designated family members, a spouse, girlfriend or boyfriend. The following offenses can be considered domestic offenses under the laws of the Ocean state:

• assault
• failure to relinquish telephone
• harassing phone calls
• disorderly conduct
• larceny
• other criminal charges

If the police assert that there is domestic angle to an assault, the prosecution will be for a “domestic assault” rather than just an “assault.” If an accused is arrested and charged with a domestic offense, a no contact order will issue in favor of the alleged victim or victims. If there is a no Contact order, it  will be a crime for the criminal accused to have any contact with the alleged victim. The issuance of no contact order may wreak havoc upon the family, especially when the alleged accused and the victim are married or have a child together. If the victim and the criminal defendant are residing together then the local police may throw the accused out of his or her residence / home. This quasi eviction creates an entirely new set of challenges for the affected family unit. In some instances, the accused perpetrator is the sole provider of support for the family and the children.

Visitation and custodial issue | no contact order

If there are minor children involved then visitation and custodial issues may arise, immediately. The father or mother who was accused of the criminal offense may desire visitation and parenting time with his or her child. The alleged victim may or may not want the alleged criminal to visit with the children. The defendant needs his personal belongings such as clothes, jacket, personal papers, bills, toiletries, tools, computer, work clothes etc. In some cases the victim obtains a restraining order from the Providence Family Court or the 6th Division District Court. The victim may also demand child support. Often the criminal defendant has difficulty affording child support after retaining a RI criminal lawyer.

Should I get a  top Rhode Island Criminal defense lawyer or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?

A Rhode Island attorney is definitely needed for serious matters such as divorce, child custody and criminal causes of actions. The old adage that is often bandied around is that a person who is their own lawyer has a fool for a client. Rhode Island divorce attorneys and RI criminal defense lawyers are intimately familiar with the court process, RI laws, the judges and magistrates as well as the inner workings of our system of justice. If you are facing criminal charges in Rhode Island and Providence plantations you may have a right to a free RI criminal defense attorney from the Public Defender’s office, if you meet income and eligibility guidelines.

Any crime that the authorities charge as a domestic crime is more serious than the same alleged offense charged as non-domestic. If someone is found guilty of a domestic criminal offense  in RI or who takes a nolo contendere plea deal with the prosecution is required to endure batterers intervention classes. This specifically includes sentences of probation, suspended sentence, one year filings and suspended sentences. Refusal to go to batterers classes as ordered or failure to attend court ordered restitution could be considered a violation of probation, or a  a violation of the terms of a one year filing.

In some cases, when there are quantifiable damages to the victim, such as damaged or destroyed property then the defendant may be ordered to compensate the victim by paying restitution. In some cases, the defendant is ordered to engage in substance abuse or mental health treatment. If a defendant is  arrested,  then a no contact order will enter unless the  purported victim drops the nco. Unless the matter is dismissed, the victim drops the nco or the accused is found not guilty after a judge or jury trial, the no contact order will continue until the probation or suspended sentence terminates.

A 2nd conviction for a domestic criminal offense in RI could result to a minimum of ten days at the adult correctional institution! A 3rd criminal arrest in Rhode Island for a domestic criminal may be charged as a felony in Providence Superior Court. NOT all plea agreements constitute a criminal conviction. In Rhode Island and Providence Plantations any sentence with a suspended sentence, guilty finding, plea of guilty, fine or period of incarceration constitutes a criminal conviction. A nolo contendere plea bargain sentence with a period of  probation or  a one year filing with court costs does not constitute a conviction in RI!

A criminal conviction characterized as a domestic offense will look more menacing then a non-domestic on the accused’s criminal record when seeking employment opportunities. A Justice of the 6th division district court will usually be harsher than sentences for non-domestic offense. Furthermore, a one year filing in the Ocean State which is a domestic offense is not eligible to be expunged at the end of the year filing. There is an additional 2 year waiting period to expunge a domestic filing in RI.  One year filings in RI

More RI Family Court articles here

A Rhode Island divorce lawyer drafted these Rhode Island post divorce and child Custody Law TIPS. These tips will help you avoid divorce mistakes. Many of these post divorce tips address issues concerning:

child support modification,
Providence Family Court divorce strategy,
child support contempt,
motions to modify visitation and
child support termination and modification.
Post divorce motions to modify
The legal article gives important advice about payment of spousal support in the Ocean State and modification and termination of alimony. This domestic law post about divorce mistakes also contains helpful information concerning:

modification of the final judgment of divorce based on a substantial change in circumstances related to the minor children
contempt for failure to pay child support,
spousal support (alimony),
Failure to comply with the terms of the final judgment or property settlement agreement.
divorce mistakes to avoid in Providence Family Court:
Do not Post, tweet, pin, or scoop about your Rhode Island divorce, custody or family law case. These posts anger Providence Family Court judges who do not see them as helping to resolve the matter. These posts could be detrimental to the child who may view the post online. Win your divorce or custody case in the Courtroom, not on Facebook.
Do not forget to file a motion to modify child support when you become unemployed or have a decrease in income. Child support in Rhode Island can only be modified retroactively to the date you file your motion and serve the other litigant with notice.
Do not interrupt a RI Family Court Judge in Court.
Do not dress inappropriately for a Providence Family Court hearing. Providence Family Court is not a beach, gym or nightclub. Remember: Perception is reality.
If you are involved in a contested custody or visitation war, make sure you do not use illegal drugs such as marijuana. In a custodial matter, you are always subject to drug testing upon a moments notice.
Never treat clerks, court personnel, sheriffs or court investigators inappropriately. Judges will be very angry about this as they will always try to protect their staff.
Never make important rash divorce related decisions to get things over with when you are angry.
Never directly or indirectly disparage the other parent when the minor children are present or can hear the communication. Never argue or fight with your spouse of the other parent while the children are present. website
Rhode Island divorce attorney David Slepkow authored this extensive list of post-divorce tips for your review. Divorce in RI can be confusing and complex. Please read this divorce law article carefully.

RI post divorce tips
(1) In the event that there is a marital settlement agreement (msa) or property settlement agreement (psa) in your case, changes to the document need to be in writing. The document must be signed under the same formalities as the original property settlement agreement. This means that the parties signature must be notarized. If husband and wife never executed a property settlement agreement in the underlying divorce and the settlement is set forth in the final judgment of divorce, then official changes can only be made by filing a motion. The parties could also enter a consent order, modifying the original final judgment of divorce. If a motion needs to be filed for child related issues, a modification of the final judgment must be based on a substantial change of circumstances.

(2) It is imperative that you keep and maintain accurate records concerning any payment of spousal support (alimony in RI), child support, uninsured medical expenses and extracurricular costs that you have incurred or reimbursed.

Everything important should be in writing, post-divorce
(3) It is a very bad idea to attempt to modify your property settlement agreement with a verbal agreement. ALL changes to the written marital settlement agreement must be in writing, signed by both parties in front of a notary public. Divorce in RI is a serious matter and serious changes to a property settlement agreement should not be verbal.

(4) If you give your child spending money or buy clothes, sporting goods, sneakers or gifts for your child or children, these payments will be considered gifts and will not count as a credit towards your child support obligation. Child support in Rhode Island must be given directly or via wage garnishment to the custodial parent via cash or check.

(5) If the parent with physical custody of your child is receiving cash benefits (welfare) then consider stopping direct payments of child support! You must make the payment to Rhode Island and Providence Plantations as reimbursement of the cash assistance. In the event that the custodial parent of your children is on cash assistance and you present direct payments, then these funds will be tantamount to a gift. The State of Rhode Island (RI) will still pursue you for the child support payments in Providence Family Court, even though you are still tendering the child support to the custodial parent.

Receipts and detailed divorce records are key!
(6) If you are in a high conflict situation with the mother or father of your child then keep detailed records of visitation dates and times, activities and important events and communications pertaining to visitation and custodial rights.

(7) If you must pay your spousal support, child support or alimony in cash then you need to get a signed receipt of all payments. That receipt must clearly indicate what each payment was for.

(8) If there is a restraining order, order protection from abuse or criminal no contact order between you and your ex-girlfriend, girlfriend, wife, ex-wife or ex friend with benefits, do not contact the alleged victim without the restraining order or abuse order being dismissed. You need to verify with the Clerk of the Providence Family Court that the restraining order has in fact been dismissed. You need to see a copy of the actual dismissal.

(9) Even if the purported victim invites you over or contacts you on Facebook, instant message or cell phone, you could still be arrested for violating the abuse restraining order. Any type of communication including skype, letters, instant message and /or tweet can be a violation of the restraining order

Crucial Info: divorce in RI
If your circumstances change dramatically and alimony is modifiable, look into filing a motion to modify alimony, immediately. This is applicable only if the spousal support is modifiable. In the event the marital settlement agreement is incorporated into the final judgment and spousal support is non modifiable then such spousal support / alimony is non modifiable. If there is no property settlement agreement in your RI divorce cause of action and the court made an award of alimony, then the spousal maintenance is probably modifiable upon a substantial change in circumstances. A substantial change of circumstances could be a substantial loss of income, loss of employment or a severe disability etc

Child Support in Rhode Island post-divorce
Child support in Rhode Island does not terminate automatically upon a child attaining the age of eighteen. Child support will automatically accrue unless a Motion to Terminate Child Support is filed. If you are the parent with physical placement of your child/children and your income significantly decreases or your ex-spouse’s income significantly increases, then you should contact a lawyer to file a Motion to increase your child support payments. If you are parent without physical custody of your children and your income decreases significantly or your ex-spouse’s income significantly increases, then you should contact a Rhode island child support attorney to file a Motion to lower your child support order. If you cannot pay your RI child support because of a change in circumstances you need to file a motion to modify child support immediately otherwise you can be subjected to a contempt proceeding for failure to pay child support.

Statistics and Useful Info:
The estimated number of divorces granted in December 1997 was 104,000 compared with 94,000 divorces granted in December a year earlier. The divorce rate per 1,000 population for December increased from 4.2 in 1996 to 4.5 in 1997. The cumulative number of divorces granted in 1997 was 1,163,000, 1 percent more than the number for 1996 (1,150,000). The divorce rate per 1,000 population for 1997 was the same as the rate for 1996 (4.3), the lowest divorce rate in over two decades (3). The divorce rate per 1,000 married women 15 years of age and over was 19.8 in 1997, 2 percent higher than the rate for 1996, (19.5) which was the lowest rate since 1974.” Births, Marriages, Divorces, and Deaths for 1997 Provisional Data From the CENTERS FOR DISEASE CONTROL AND PREVENTION/National Center for Health Statistic

“Marriage and divorce are both common experiences. In Western cultures, more than 90 percent of people marry by age 50. Healthy marriages are good for couples’ mental and physical health. They are also good for children; growing up in a happy home protects children from mental, physical, educational and social problems. However, about 40 to 50 percent of married couples in the United States divorce. The divorce rate for subsequent marriages is even higher.” American Psychological Association, Marriage and Divorce

www.slepkowlaw.com/divorce.htm

A Rhode Island restraining order attorney explains the proper Court to file a restraining order in RI. Generally restraining orders between family members, ex family members or people with a child together should be filed in Rhode Island Family Court. Restraining orders between girlfriends and boyfriends without a child together or roommates should be filed in District Court. Unrelated persons and people in landlord / tenant relationships need to file restraining orders in RI Superior Court. More information

RI Family Court Restraining orders

There are three types of restraining orders that can be filed in Rhode Island Family Court:

1. Complaint Protection from abuse
2. COMPLAINT FOR A PROTECTIVE ORDER WHEN EITHER PARTY IS A JUVENILE
3. Civil restraining order

Complaint protection from abuse restraining orders:

If the restraining order is against your husband or wife or ex-husband or ex-wife or against a family member by blood or marriage then it should be filed in Rhode Island Family Court. If there is a pending Rhode Island divorce, then the restraining order against a spouse should be filed in Family Court. If an RO is needed against a person who you have a child with, then the restraining order should be filed in Family Court. A restraining filed by a juvenile or against a Juvenile must be filed in Rhode Island Family Court. A restraining order brought by a parent on behalf of the minor child against another parent must be pursued in the Family Court. Before obtaining a restraining order, a person should Consult a Rhode Island lawyer. Please note that this article does not address the grounds necessary to obtain a RO. Please contact Rhode Island Divorce Lawyer, David Slepkow.

Exactly who can file a complaint protection from abuse restraining order in RI Family Court

• “present or former family members”
• parents (“Parents” mean persons who together are the legal parents of one or more children, regardless of their marital status or whether they have lived together at any time.)
• stepparents
• persons who are or have been in a substantive dating or engagement relationship within the past one year in which at least one of the persons is a minor
• Parents or guardian’s can file on behalf of a child and themselves

Who constitutes a “present or former family member?”

A present or former family member means the following people can file an abuse restraining order in RI Family Court:

• the spouse,
• former spouse,
• minor children,
• stepchildren,
• or persons who are related by blood or marriage.” TITLE 15 Domestic Relations CHAPTER 15-15 Domestic Abuse Prevention SECTION 15-15-1 § 15-15-1. Definitions. 

In a Complaint Protection from Abuse, the Family Court may award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to Surrender possession of all firearms / guns to the Police department. The court  can order that the Defendant  “surrender physical possession of all firearms in the Defendant’s possession, care, custody, or control and further order the Defendant be restrained from purchasing, receiving, or attempting to purchase or receive any firearms while the protective order is in effect.”

Complaint for a protective order when either party is a Juvenile

When either party is a juvenile, the following abuse complaint may be filed: “COMPLAINT FOR A PROTECTIVE ORDER WHEN EITHER PARTY IS A JUVENILE.” It is important to note that violation of this type of restraining order is not a crime in itself and is punishable by contempt. However, if a person is found in contempt of this order they could possible be imprisoned. This is distinguishable from a complaint protection from abuse set forth above in which a violation is a crime in itself. This type of  Juvenile protective order if filed on behalf of a minor, would be filed by a parent or guardian on behalf of one or more minor children. There is no requirement for a family relationship or a dating relationship for this type of restraining order. This restraining order is analogous to a Superior Court restraining order.

Civil Restraining Order different from abuse restraining orders in Family Court

There are two types of Family Court restraining orders, “Complaint Protection from Abuse” and a civil restraining order. In a Complaint Protection from Abuse, the Court has jurisdiction to issue a RO for up to 3 years. (If the parent seeks a restraining order on behalf of a child against the other parent, then the restraining order can only be for one year.) Violation of a Rhode Island Complaint protection from abuse restraining order is a crime. A violation of a civil restraining order is not a crime but is punishable by contempt. Please note that civil restraining orders are not nearly as effective as a complaint protection from abuse restraining order and when sought are typically part of a divorce.

District Court restraining order Jurisdiction:

If the RO is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum. If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court. (see above) A RO against a current roommate can be filed in District Court. Violation of a District Court Restraining order is a crime.

The following people can file a District Court Abuse Restraining order

• Emancipated minor
• Person eighteen (18) years of age or older
• Not related by blood or marriage to the Defendant

In order to file a a RI District Court Restraining order, you must have the following relationship with the defendant:

“Defendant and I together are not the legal parents of one (1) or more children.
 Defendant and I have resided together within the preceding three (3) years.
 Defendant and I are presently residing in the same living quarters.
 Defendant and I have had a substantive dating relationship within the preceding year.
 My relationship was created by the Defendant’s conduct thereby granting jurisdiction to the District Court under applicable statutes.” District Court complaint

RI Superior Court Restraining order:

If you are seeking a Restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining order is punishable by contempt which could potentially lead to a period of incarceration.

What is the difference between a Restraining order and a no contact order?

A no Contact order is an order issued as a result of a criminal charge. A no Contact order issues at an arraignment either at the police station or at Court. Violation of a no contact order is a crime in itself and may constitute a violation of Probation or a filing. A no contact order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence. A Restraining order stays in effect until the date designated on the restraining order.

If there is a no contact order protecting me in Rhode Island should I also obtain a RO?

A no contact order expires when a case is dismissed. It is also terminated when a person is found not guilty or after any sentence is completed (probation / filing / suspended sentence / deferred sentence) The No Contact order will expire when probation or a filing or suspended sentence is over. If you feel you need protection in case the no contact order expires and are in fear of the person then you may consider seeking a restraining order in family Court, Superior Court or District Court in addition to the no contact order. If there are issues concerning child support and visitation then you may want to seek a restraining order in addition to a no contact order.

The American Bar states,”Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States. Patricia Tjaden & Nancy Thoennes, U.S. Dep’t of Just., NCJ 183781, Full Report of the Prevalence, Incidence, and Consequences of Intimate Partner Violence Against Women: Findings from the National Violence Against Women Survey, at iv(2000), available athttp://www.ojp.usdoj.gov/nij/pubs-sum/183781.htm http://www.americanbar.org/groups/domestic_violence/resources/statistics.html

The American Bar states, Intimate partner violence made up 20% of all nonfatal violent crime experienced by women in 2001. Callie Marie Rennison, U.S. Dep’t of Just., NCJ 197838, Bureau of Justice Statistics Crime Data Brief: Intimate Partner Violence, 1993-2001, at 1 (2003), available at http://www.ojp.usdoj.gov/bjs/pub/pdf/ipv01.pdf http://www.americanbar.org/groups/domestic_violence/resources/statistics.html