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Rhode Island General Laws Title 15. Domestic Relations § 15-15-6. Form of complaint

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(a) A form in substantially the following language shall suffice for the purpose of filing a complaint under this chapter:

STATE OF RHODE ISLAND

FAMILY COURT

COUNTY OF ___________________________________________

_____________________________________________________

                                  Plaintiff

VS.

F.C. NO. ______

_____________________________________________________

                                  Defendant

COMPLAINT FOR PROTECTION FROM ABUSE

Pursuant to Chapter 15 of this title, 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, which I have left to avoid abuse, is as follows (street address and city):  

(3) The full name, present street address, city, and telephone number of the person causing me abuse (the defendant) are as follows:

(4) My relationship to the defendant is as follows:

_____ We (are) (were formerly) married to one another.

_____ I am the defendant's (child) (parent).

_____ I am the blood relative or relative by marriage of the defendant;  specifically, the defendant is my .

_____ I and the defendant are together the legal parents of one or more children.

(5) On or about __________, I suffered abuse when the defendant:

_____ Threatened or harmed me 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

_____ The court award me temporary custody of the following minor child(ren) (the defendant and I are husband and wife):

  Names

Date of Birth

That

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 the order is entered on the question of continuing the temporary order.

(7) I have not sought protection from abuse from any other judge of the family court arising out of the facts or circumstances alleged in this complaint.

(8) That the court award me support for my minor children as required by law for a period not to exceed ninety (90) days.

___________________________________________________________________________________________________

        (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. 20___.

__________________________

Notary Public

Note:  If this complaint is filed by an attorney, the attorney's certificate should appear as below:

ATTORNEY CERTIFICATE

Signed:

_____________________________________________

Attorney for Plaintiff

Address: ______________________________________________

         ______________________________________________________

Date:  ___________________________, 20___________________________________________

  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

FAMILY COURT

COUNTY OF ___________________________________________

_____________________________________________________

                                  Plaintiff

VS.

F.C. NO. ______

_____________________________________________________

                                  Defendant

TEMPORARY ORDER PURSUANT TO CHAPTER 15 OF THIS TITLE GENERAL LAWS OF RHODE ISLAND

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

.

_____ That the plaintiff, being the [husband] [wife] of the defendant, be and [s]he hereby is awarded temporary custody of the minor child[ren], to wit,

_____ That the defendant pay to the plaintiff the support of the minor child[ren] the sum of $__________ per .

_____ That

A hearing on the continuation of this ORDER will be held at the family court, __________ County, at __________ [A.M.] [P.M.] on __________.  If the defendant wishes to be heard, [s]he will be heard at that time.  If [s]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.

ENTERED as an order of court this __________ day of __________, A.D. 20___.

Cite this article: FindLaw.com - Rhode Island General Laws Title 15. Domestic Relations § 15-15-6. Form of complaint - last updated January 01, 2019 | https://codes.findlaw.com/ri/title-15-domestic-relations/ri-gen-laws-sect-15-15-6/


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