Rhode Island Family Law on Domestic Violence
Acts of domestic violence can greatly impact family dynamics and shape the legal rights of family members regarding divorce, child custody, and other matters related to family law. This article examines Rhode Island's domestic violence law and outlines how acts of domestic violence can impact divorce proceedings and child custody awards.
|Rhode Island Code section 12-29-2: Definition of Domestic Violence|
What Qualifies as "Domestic Violence?"
|Domestic violence includes (but isn't limited to) any of the following crimes when committed by one family or household member against another:
Definition of "Family or Household Member"
|A family or household member means:
Divorce and Restraining Orders
Courts in Rhode Island have the power to issue restraining orders when a spouse files for divorce based on the grounds that domestic violence has occurred. The restraining order may:
- Restrain either spouse from interfering with the personal liberty of the other
- Restrain either spouse from maliciously causing (or attempting to cause) bodily harm to the other, with or without a dangerous weapon, and/or
- Restrain either party from placing, by physical menace or threat of physical menace, the other in fear of imminent bodily injury
If the court finds that any party has been so harmed, menaced, or threatened, then the court may prescribe out-patient counseling, and may regulate the custody and provide for the education, maintenance, and support of the children. Additionally, violation of a protective order issued under this section subjects the defendant to being found in contempt of court. Violating the order is a misdemeanor that is punishable by a fine of up to $1,000, and/or imprisonment for up to one year.
When awarding child custody, courts consider which custody arrangement would be in the best interest of the child. Both parents must disclose to the court all instances of domestic violence, and resulting restraining orders. The court will take all evidence of domestic violence into account when determining child custody.
Additionally, the court will provide for the reasonable right of visitation by the child(ren)'s natural parent who doesn't have custody of the child, unless there is a showing of cause as to why this right shouldn't be granted. In some instances the court will order supervised visitation, or even terminate a parent's rights in extreme cases.
If you are a domestic violence survivor there is help available for you. During an emergency dial 911, and when you're safe contact the Rhode Island Coalition Against Domestic Violence.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.