Domestic Violence Prevention Act

Rhode Island's Domestic Violence Prevention Act

Domestic Violence Prevention Act (§12-29)

Enacted in 1988, the Domestic Violence Prevention Act recognizes that domestic violence is a serious crime against society.

The law established a procedure for the criminal court system to handle domestic violence cases.

This act created mandatory arrest, victimless prosecution, No Contact Orders, court advocates, and batterers intervention programs.

Who is Protected?

Under Rhode Island domestic violence law, domestic violence is a crime committed by one family or household member against another.

Under the law, a family or household member includes:

Spouses
Former spouses
Adults related by blood (family members) or marriage (in-laws)
Adults who are living or have lived together in the past three years
People who are or have been engaged within the past six months
People who are or have been in a substantive dating relationship within the past year¹
People who have a child in common, regardless of whether they have been married or have lived together

¹Factors the court considers in determining whether a relationship is substantive are: 1) the length of time of the relationship, 2) the type of relationship, and 3) the frequence of the interaction.

What is Covered?

Under Rhode Island's Domestic Violence Prevention Act, domestic violence includes, but is not limited to, the following crimes:

Simple assault
Felony assault
Vandalism
Disorderly conduct
Trespassing
Kidnapping
Child-snatching
Sexual assault
Homicide
Violation of the provisions of a protective order
Stalking
Refusal to relinquish or to damage or to obstruct a telephone
Burglary and Unlawful Entry
Arson
Cyberstalking and cyberharassment

NOTE: The above are examples of domestic violence crimes. However, any criminal offense qualifies as domestic violence if the relationship is one covered by the Domestic Violence Prevention Act.

Why Was the Act Passed?

The state legislature passed Rhode Island's domestic violence law because existing criminal laws were not being enforced against batterers.¹

As the law states in part:

Previous societal attitudes reflected in policies and practices of law enforcement agencies, prosecutors, and courts ... have resulted in differing treatment of crimes occurring between family or household members and of the same crimes occurring between strangers.
It is the intent of the legislature that the official response to cases of domestic violence ... shall communicate the attitude that violent behavior is not excused or tolerated.

¹Rhode Island General Laws 12-29-1 et al.