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Rhode Island General Laws Title 8. Courts and Civil Procedure--Courts § 8-8.4-1. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

As used in this chapter, the following words shall have the following meanings:

(1) “ Abusive litigation” means litigation where the following apply:

(i) The opposing parties have a current or former family or household member relationship or there has been a civil order or criminal conviction determining that one of the parties stalked or sexually assaulted the other party; and

(ii) The party who is filing, initiating, advancing, or continuing the litigation has been found by a court to have abused, stalked, or sexually assaulted the other party, pursuant to:

(A) A final protective order entered pursuant to § 8-8.1-3 or § 15-5-19;

(B) A no contact order entered pursuant to § 12-29-4;

(C) A final sexual assault protective order entered pursuant to § 11-37.2-2;

(D) A final foreign abuse prevention order entered pursuant to § 12-29-1.1;

(E) A final order for alimony or custody of children, entered pursuant to § 15-5-16;

(F) A criminal conviction or a plea of nolo contendere, in this state or any other jurisdiction, for any of the crimes enumerated in § 12-29-2 or a filing for any domestic violence offense enumerated in this chapter;

(G) A pending criminal charge, in this state or any other jurisdiction, of domestic violence, wherein the court has imposed criminal conditions of release pertaining to the safety of the victim; or

(H) A signed affidavit from a domestic violence or sexual assault advocate or counselor working on behalf of an agency that assists victims of domestic violence and sexual assault; and

(iii) The primary purpose of the litigation is found to be the abuse, harassment, intimidation, or threatening of the other party, or to maintain contact with the other party.

(2) “ Family or household member” means current or former intimate partners, spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common, regardless of whether they have been married or have lived together, or persons who are, or have been, in a dating or engagement relationship within the past year.

(3) “ Foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, or the Rhode Island rules of domestic relations procedure. “ Other state” and “ issuing state” mean any state other than Rhode Island and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(4) “ Litigation” means any kind of legal action or proceeding, including, but not limited to:

(i) A filing of a summons, complaint, or petition;

(ii) Serving a summons, complaint, or petition, regardless of whether it has been filed;

(iii) Filing a motion, notice of court date, or order to appear;

(iv) Serving a motion, notice of court date, or order to appear, regardless of whether it has been filed or scheduled;

(v) Filing a subpoena, subpoena duces tecum, interrogatories, request for production of documents, notice of deposition, or other discovery request; or

(vi) Serving a subpoena, subpoena duces tecum, interrogatories, request for production of documents, notice of deposition, or other discovery request.

(5) “ Perpetrator of abusive litigation” means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation.

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Cite this article: FindLaw.com - Rhode Island General Laws Title 8. Courts and Civil Procedure--Courts § 8-8.4-1. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/ri/title-8-courts-and-civil-procedure-courts/ri-gen-laws-sect-8-8-4-1/

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