reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-21. - Information to be submitted to court.

§ 15-14.1-21. Information to be submitted to court.
(a)
Subject to any law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(1)
Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(2)
Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(3)
Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and address of those persons.
(b)
If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c)
If the declaration as to any of the items described in subdivisions (a)(1) through (3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(d)
Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-22. - Appearance of parties and child.

§ 15-14.1-22. Appearance of parties and child.
(a)
In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b)
If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to this chapter include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c)
The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d)
If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-23. - Additional definitions in this chapter.

§ 15-14.1-23. Additional definitions in this chapter.
(1)
“Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2)
“Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-24. - Enforcement under Hague Convention.

§ 15-14.1-24. Enforcement under Hague Convention.
A court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-25. - Duty to enforce.

§ 15-14.1-25. Duty to enforce.
(a)
A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b)
A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-26. - Temporary visitation.

§ 15-14.1-26. Temporary visitation.
(a)
A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1)
A visitation schedule made by a court of another state; or
(2)
The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b)
If a court of this state makes an order under subdivision (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-28. - Enforcement of registered determination.

§ 15-14.1-28. Enforcement of registered determination.
(a)
A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(b)
A court of this state shall recognize and enforce, but may not modify, except in accordance with this chapter, a registered child custody determination of a court of another state.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-29. - Simultaneous proceedings.

§ 15-14.1-29. Simultaneous proceedings.
If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-31. - Service of petition and order.

§ 15-14.1-31. Service of petition and order.
Except as otherwise provided, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-32. - Hearing and order.

§ 15-14.1-32. Hearing and order.
(a)
Unless the court issues a temporary emergency order, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1)
The child custody determination has not been registered and confirmed and that:
(i)
The issuing court did not have jurisdiction;
(ii)
The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so; or
(iii)
The respondent was entitled to notice, but notice was not given in the proceedings before the court that issued the order for which enforcement is sought; or
(2)
The child custody determination for which enforcement is sought was registered and confirmed but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so.
(b)
The court may award the fees, costs, and expenses and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c)
If a party called to testify refuses to answer on the grounds that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d)
A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-33. - Warrant to take physical custody of child.

§ 15-14.1-33. Warrant to take physical custody of child.
(a)
Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
(b)
If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by this chapter.
(c)
A warrant to take physical custody of a child must:
(1)
Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2)
Direct law enforcement officers to take physical custody of the child immediately; and
(3)
Provide for the placement of the child pending final relief.
(d)
The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e)
A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f)
The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-34. - Costs, fees, and expenses.

§ 15-14.1-34. Costs, fees, and expenses.
(a)
The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings.
(b)
The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-35. - Recognition and enforcement.

§ 15-14.1-35. Recognition and enforcement.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under this chapter.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-36. - Appeals.

§ 15-14.1-36. Appeals.
An appeal may be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-37. - Role of prosecutor or public official.

§ 15-14.1-37. Role of prosecutor or public official.
(a)
In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resorting to a proceeding under this chapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1)
An existing child custody determination;
(2)
A request to do so from a court in a pending child custody proceeding;
(3)
A reasonable belief that a criminal statute has been violated; or
(4)
A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b)
A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-38. - Role of law enforcement.

§ 15-14.1-38. Role of law enforcement.
At the request of a prosecutor or other appropriate public official, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-39. - Costs and expenses.

§ 15-14.1-39. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-40. - Application and construction.

§ 15-14.1-40. Application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-41. - Severability clause.

§ 15-14.1-41. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act › Section 15-14.1-42. - Transitional provision.

§ 15-14.1-42. Transitional provision.
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this chapter [July 17, 2003] is governed by the law in effect at the time the motion or other request was made.
History of Section.
P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15 - Domestic Abuse Prevention › Section 15-15-2. - Filing of complaint.

§ 15-15-2. Filing of complaint.
(a)
Proceedings under this chapter shall be filed, heard, and determined in the family court of the county in which the plaintiff resides and shall be independent of divorce proceedings.
(b)
Any proceedings under this chapter shall not preclude any other available civil or criminal remedies.
(c)
A party filing a complaint under this chapter may do so without payment of any filing fee, but shall be required to disclose any prior or pending actions for divorce or separation.
(d)
If the plaintiff has left the residence or household to avoid abuse, he or she may bring the action in the court of previous residence or the court of present residence. There shall be no minimum residence requirements for the bringing of an action under this chapter.
History of Section.
P.L. 1982, ch. 389, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15 - Domestic Abuse Prevention › Section 15-15-4.1. - Return of service/alternate service.

§ 15-15-4.1. Return of service/alternate service.
(a)
The complaint and any order issued under this chapter shall be personally served upon the defendant by a member of the division of sheriffs except as provided in subsections (c), (d), and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service, pursuant to the subsection, may also be made by a certified constable authorized to serve process pursuant to § 9-5-10.1. The constable shall be entitled to receive the fee allowed by law for the service of a family court summons. Where the defendant is a minor, the complaint and any order issued under this chapter shall also be personally served upon a parent or guardian of the minor.
(b)
Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for a hearing on the complaint. If service has not been made, the deputy sheriff or constable shall indicate on the summons the reason and the attempts made to serve the defendant.
(c)
At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.
(d)
If, at the time of the hearing on the complaint, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff’s ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at defendant’s last known address (excluding the residence which he or she has been ordered to vacate) or place of employment, leaving copies at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion residing at the defendant’s dwelling or usual place of abode, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for the hearing on the complaint and shall extend the temporary order until that date.
(e)
If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
(f)
If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the family court will mail the defendant a copy of the resulting order.
History of Section.
P.L. 1988, ch. 539, § 1; P.L. 1989, ch. 79, § 1; P.L. 1994, ch. 315, § 1; P.L. 2012, ch. 324, § 48; P.L. 2015, ch. 260, § 26; P.L. 2015, ch. 275, § 26.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15 - Domestic Abuse Prevention › Section 15-15-7. - Notice of penalty.

§ 15-15-7. Notice of penalty.
Each protective order issued under this chapter, including a temporary ex parte order, shall have the following statement printed in bold faced type or in capital letters:
A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS ONE THOUSAND DOLLARS ($1,000) AND/OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, AND MAY BE ORDERED TO ATTEND COUNSELING.
History of Section.
P.L. 1983, ch. 223, § 2; P.L. 1988, ch. 539, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15 - Domestic Abuse Prevention › Section 15-15-8. - Repealed.

§ 15-15-8. Repealed.
History of Section.
P.L. 1994, ch. 168, § 1; P.L. 1995, ch. 147, § 1; P.L. 1999, ch. 195, § 2; Repealed by P.L. 2006, ch. 259, § 1; P.L. 2006, ch. 284, § 1, effective July 3, 2006. For present comparable provisions, see chapter 15.1 of this title.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-1. - Short title.

§ 15-15.1-1. Short title.
This chapter shall be known and may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act”.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-2. - Definitions.

§ 15-15.1-2. Definitions.
As used in this chapter:
(1)
“Court” means the family court.
(2)
“Foreign protection order” means a protection order issued by a tribunal of another state.
(3)
“Issuing state” means the state whose tribunal issues a protection order.
(4)
“Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(5)
“Protected individual” means an individual protected by a protection order.
(6)
“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.
(7)
“Respondent” means the individual against whom enforcement of protection order is sought.
(8)
“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. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
(9)
“Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-3. - Judicial enforcement of order.

§ 15-15.1-3. Judicial enforcement of order.
(a)
A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The court shall enforce the terms of the order, including terms that provide relief that the court would lack power to provide but for this chapter. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
(b)
The court may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c)
The court shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d)
A foreign protection order is valid if it:
(1)
Identifies the protected individual and the respondent;
(2)
Is currently in effect;
(3)
Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4)
Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(e)
A foreign protection order valid on its face is prima facie evidence of its validity.
(f)
Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g)
The court may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1)
The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2)
The tribunal of the issuing state made specific findings in favor of the respondent.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-4. - Nonjudicial enforcement of order.

§ 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.
(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.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-4.1. - Form of certification or confirmation.

§ 15-15.1-4.1. Form of certification or confirmation.
A form in substantially the following language shall suffice for the purposes of filing of certificate or confirmation:
STATE OF RHODE ISLAND FAMILY COURT
_______________________________________ , SC
_______________________________________ (Name)
Petitioner
vs.
_______________________________________ (Name) C.A. No.
Respondent
CERTIFICATION OF PROTECTION/RESTRAINING ORDER
It is hereby certified that the attached is a true and correct copy of the order entered in the above-captioned action on _________________________________________ (date) and that the original of the attached order was duly executed by the judicial authority whose signature appears thereon. The order expires on _________________________________________ (date).
The order is: [ ] a civil protection/restraining order.
OR [ ] a criminal protection/restraining order, that
recognizes the standing of the plaintiff to seek enforcement of the order.
It is further certified that:
(a) The issuing court determined that it had jurisdiction over the parties and the subject matter under the laws of _______________________________________ (state or Indian tribe).
(b) The respondent was given reasonable notice and had opportunity to be heard before this order was issued; or if the order was issued ex parte, the respondent was given notice and had opportunity to be heard after the order was issued, consistent with the rights of the respondent to due process.
(c) The order was otherwise issued in accordance with the requirements of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, and the Violence Against Women Act, 18 U.S.C. § 2265.
For custody and visitation orders:
(d) The order was otherwise issued in accordance with the requirements of the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act of this state/territory and is consistent with the provisions of the Parental Kidnapping Prevention Act. 28 U.S.C. § 1738A.
The attached order shall be presumed to be valid and enforceable in this and other jurisdictions.
Signature of Clerk of court or other authorized official: _______________________________________
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-5. - Registration of order.

§ 15-15.1-5. Registration of order.
(a)
Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
(1)
present a certified copy of the order to the appropriate law enforcement agency; or
(2)
present a certified copy of the order to the department of attorney general and request that the order be registered with the appropriate law enforcement agency.
(b)
Upon receipt of a foreign protection order the appropriate law enforcement agency shall register the order in accordance with this section. After the order is registered the appropriate law enforcement agency shall furnish to the individual registering the order a certified copy of the registered order.
(c)
The appropriate law enforcement agency shall register an order upon presentation of a copy of a protective order which has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this state.
(d)
An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.
(e)
A foreign protection order registered under this chapter may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
(f)
A fee may not be charged for the registration of a foreign protection order.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-6. - Immunity.

§ 15-15.1-6. Immunity.
The state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this chapter.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-7. - Other remedies.

§ 15-15.1-7. Other remedies.
A protected individual who pursues remedies under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-8. - Uniformity of application and construction.

§ 15-15.1-8. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-15.1 - The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act › Section 15-15.1-9. - Severability.

§ 15-15.1-9. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-1. - Purpose.

§ 15-16-1. Purpose.
The purpose of this chapter is to enhance the enforcement of support obligations by providing a swift and effective procedure for the withholding of income derived in this state to enforce support orders issued in this state or other jurisdictions, and by providing a mechanism by which income withholding, to enforce the support orders issued in this state, may be sought in other jurisdictions. This chapter shall be applicable to support obligations established or enforceable in this state, including support obligations enforceable pursuant to the Rhode Island state plan for child and spousal support enforcement, as the plan may be adopted and amended by the Rhode Island department of human services in accordance with title IV, part D, § 454 of the federal Social Security Act, 42 U.S.C. § 654, and as more fully defined in § 15-16-2. This chapter shall be construed liberally to effect this purpose.
History of Section.
P.L. 1987, ch. 163, § 1; P.L. 1988, ch. 84, § 8; P.L. 1994, ch. 209, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-3. - Remedies additional.

§ 15-16-3. Remedies additional.
The income withholding remedy provided in this chapter is in addition to, and not in substitution for, any other remedy available to enforce a support order issued in this state or in another jurisdiction. Relief under this chapter shall not be denied, delayed, or affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.
History of Section.
P.L. 1987, ch. 163, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-4. - Income withholding agency.

§ 15-16-4. Income withholding agency.
The division of taxation within the department of administration is designated as the state income withholding agency for all income withholding orders issued or registered in Rhode Island and shall have all powers, duties, and responsibilities to establish and administer income withholding in accordance with this chapter, and is further authorized and directed to promulgate rules and regulations that it deems necessary to implement the provisions and purposes of this chapter; provided, that any rule or regulation affecting the duties and responsibilities of the family court shall be made with the concurrence of the chief judge of the family court.
History of Section.
P.L. 1987, ch. 163, § 1; P.L. 1966, ch. 129, § 6; P.L. 1996, ch. 131, § 6; P.L. 1996, ch. 132, § 6; P.L. 1996, ch. 133, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-5.1. - Immediate income withholding — Support orders issued or modified on or after January 1, 1994.

§ 15-16-5.1. Immediate income withholding — Support orders issued or modified on or after January 1, 1994.
(a)(1)
With respect to a support order issued, enforced, or modified on or after January 1, 1994, the income of an obligor shall be subject to immediate income withholding under this chapter on the effective date of the order, regardless of whether support payments by the obligor are in arrears; provided, that the income of the obligor shall not be subject to immediate income withholding:
(i)
If a judge or magistrate of the family court finds that there is good cause not to require immediate income withholding; or
(ii)
If the obligor and obligee, and the department in the case of an obligee subject to an assignment of support rights under § 40-6-9, enter into a written agreement or order which provides for an alternative arrangement for the timely payment of support due under the support order.
(2)
In no event shall the court order wage withholding payable to the obligee directly from any wage withholding agent.
(b)
The obligor shall be given advance notice, by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (a) of this section, that the maximum amount of income to be withheld may not exceed the limit permitted under § 303(b) of the Consumer Credit Protection Act, 15 U.S.C. § 1673(b), and that he or she may contest immediate income withholding, and assert any defenses, exceptions, or exemptions to which he or she may be entitled at a hearing before a judge or magistrate of the family court.
(c)
With the exception of those income withholding orders issued pursuant to § 15-23.1-501, an immediate income withholding order issued under this section shall be filed by the department or the obligee with the clerk of the family court or, as appropriate, with the reciprocal office of the family court and shall be subject to the provisions of §§ 15-16-9 — 15-16-13.
History of Section.
P.L. 1990, ch. 478, § 1; P.L. 1994, ch. 209, § 1; P.L. 1996, ch. 129, § 6; P.L. 1996, ch. 131, § 6; P.L. 1996, ch. 132, § 6; P.L. 1996, ch. 133, § 6; P.L. 1997, ch. 170, § 25; P.L. 1998, ch. 442, § 7; P.L. 2001, ch. 155, § 4.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-6. - Notice to obligor.

§ 15-16-6. Notice to obligor.
The notice to the obligor required under § 15-16-5 shall inform the obligor:
(1)
Of the amount of the support arrearage and the amount of income that has been withheld for payment of current support, arrearages, and any fees allowable under this chapter;
(2)
That the provision for withholding of income applies to any current or subsequent employer or period of employment;
(3)
Of the procedures available for contesting the withholding and that, in accordance with § 15-16-5, the grounds for contesting the withholding are limited to mistakes of fact;
(4)
Of the period within which the obligor must file a statement contesting withholding with the department;
(5)
Of the opportunity to contest the income withholding at a hearing before a master of the family court.
History of Section.
P.L. 1987, ch. 163, § 1; P.L. 1997, ch. 170, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-7. - Income withholding by withholding agency — Registry — Judicial review.

§ 15-16-7. Income withholding by withholding agency — Registry — Judicial review.
(a)
If an obligor or obligee requests income withholding or if the obligor fails to timely file his or her statement contesting income withholding as required under § 15-16-5, the income withholding shall become effective without the necessity for a hearing before a magistrate of the family court, and the department shall issue an income withholding order to the withholding agent with notice of the order to the obligor, in accordance with § 15-16-9.
(b)
The department shall maintain a central registry of all income withholding orders issued pursuant to this section and § 15-16-8, and it shall enter these orders on the CSE system.
(c)
An obligor aggrieved by the issuance of an income withholding order by the department under this section shall be entitled to judicial review de novo by the family court.
History of Section.
P.L. 1987, ch. 163, § 1; P.L. 1990, ch. 478, § 2; P.L. 1998, ch. 442, § 7.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-8. - Contesting withholding.

§ 15-16-8. Contesting withholding.
An obligor may request a family court hearing in writing within fourteen (14) days of the date of the mailing of the notice described in § 15-16-6. The family court shall notify the obligor by first class mail of the date, time, and place of the hearing within five (5) days of receipt of the written request for hearing. The only basis for contesting income withholding initiated under this section is mistake of fact as set forth in § 15-16-5.
History of Section.
P.L. 1987, ch. 163, § 1; P.L. 1997, ch. 170, § 6.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-16 - Income Withholding › Section 15-16-9. - Income withholding order — Service — Effectiveness — Contents.

§ 15-16-9. Income withholding order — Service — Effectiveness — Contents.
(a)
An income withholding order under this chapter shall be binding upon a withholding agent one week after service, by personal service or by certified or registered mail, of a true copy of the income withholding order. The income withholding order shall be binding upon the withholding agent until further notice to the withholding agent in accordance with this chapter. Concurrently with the service of a true copy of the income withholding order upon a withholding agent, the department shall mail a true copy of the income withholding order by regular mail to the obligor.
(b)
Any income withholding order under this chapter shall have priority over any prior attachment, execution, garnishment, or wage or income assignment against the income of the obligor. An income withholding order under this chapter shall not be subject to any specific or statutory exemption or limitation prohibiting levy, execution, assignment, or attachment process or limiting the amount subject to income withholding under this chapter, except the exemptions or limitations as provided by federal law.
(c)
Every income withholding order issued pursuant to this chapter shall include the following:
(1)
That the income withholding order shall be binding upon a withholding agent one week after the service upon the withholding agent;
(2)
The total amount to be withheld from the obligor’s income for support and support arrearages;
(3)
The amount of fees a withholding agent may withhold from the income of an obligor in addition to support and support arrearages;
(4)
That the total amount to be withheld for support, support arrearages, and fees may not be in excess of the maximum amounts permitted under § 303(b) of the Consumer Credit Protection Act, 15 U.S.C. § 1673(b);
(5)
That withholding is binding upon the withholding agent until notice by the department or the court;
(6)
That the withholding agent is subject to the duties and liabilities as provided in § 15-16-10.
History of Section.
P.L. 1987, ch. 163, § 1.