AN ACT RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION (Permits the family court to award possession of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.)

S3217

2026 -- S 3217
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LC006303
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION

Introduced By:
Senator Samuel W. Bell

Date Introduced:
April 14, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 15-15-1 and 15-15-3 of the General Laws in Chapter 15-15 entitled
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"Domestic Abuse Prevention" are hereby amended to read as follows:
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15-15-1. Definitions.
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The following words as used in this chapter have the following meanings:
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(1) “Course of conduct” means a pattern of conduct composed of a series of acts over a
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period of time, evidencing a continuity of purpose. Constitutionally protected activity is not
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included within the meaning of “course of conduct.”
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(2) “Courts” means the family court.
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(3) “Cyberstalking” means transmitting any communication by computer to any person or
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causing any person to be contacted for the sole purpose of harassing that person or his or her family.
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(4) “Domestic abuse” means:
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The occurrence of one or more of the following acts between present or former family
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members, parents, stepparents, a plaintiff parent’s minor child(ren) to which the defendant is not a
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blood relative or relative by marriage, adult plaintiffs who are or have been in a substantive dating
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or engagement relationship within the past one year and who are (either individually or together)
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parents of minor children, or persons who are or have been in a substantive dating or engagement
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relationship within the past one year in which at least one of the persons is a minor:
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(i) Attempting to cause or causing physical harm;
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(ii) Placing another in fear of imminent serious physical harm;

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(iii) Causing another to engage involuntarily in sexual relations by force, threat of force, or
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duress; or
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(iv) Stalking or cyberstalking.
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(5) “Harassing” means following a knowing and willful course of conduct directed at a
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specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no
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legitimate purpose. The course of conduct must be such as would cause a reasonable person to
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suffer substantial emotional distress, or be in fear of bodily injury.
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(6) "Household pet" means a domesticated or tamed animal kept for companionship or
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pleasure.
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(6)
(7)
“Parents” mean persons who together are the legal parents of one or more children,
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regardless of their marital status or whether they have lived together at any time.
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(7)
(8)
“Present or former family member” means the spouse, former spouse, minor
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children, stepchildren, a plaintiff parent’s minor child(ren) to which the defendant is not a blood
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relative or relative by marriage, minor children of substantive dating partners, or persons who are
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related by blood or marriage.
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(8)
(9)
“Sexual exploitation” means the occurrence of any of the following acts by any
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person who knowingly or willfully encourages, aids, or coerces any child under the age of eighteen
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(18) years:
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(i) Recruiting, employing, enticing, soliciting, isolating, harboring, transporting, providing,
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persuading, obtaining, or maintaining, or so attempting, any minor for the purposes of commercial
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sex acts or sexually explicit performances; or selling or purchasing a minor for the purposes of
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commercial sex acts.
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(A) “Commercial sex act” means any sex act or sexually explicit performance on account
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of which anything of value is given, promised to, or received, directly or indirectly, by any person.
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(B) “Sexually explicit performance” means an act or show, intended to arouse, satisfy the
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sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private,
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live, photographed, recorded, or videotaped.
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(9)
(10)
“Stalking” means harassing another person or willfully, maliciously, and repeatedly
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following another person with the intent to place that person in reasonable fear of bodily injury.
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(10)
(11)
“Substantive dating” or “engagement relationship” means a significant and
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personal/intimate relationship that shall be adjudged by the court’s consideration of the following
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factors:
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(i) The length of time of the relationship;
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(ii) The type of relationship; and

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(iii) The frequency of interaction between the parties.
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15-15-3. Protective orders — Penalty — Jurisdiction.
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(a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the
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director of the department of children, youth and families (“DCYF”) or its designee for a child in
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the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or
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sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any
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order that will protect and support her or him from abuse or sexual exploitation, including, but not
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limited to, the following:
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(1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,
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molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere,
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whether the defendant is an adult or a minor;
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(2) Ordering the defendant to vacate the household immediately, and further providing in
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the order for the safety and welfare of all household animals and pets;
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(3) Awarding the plaintiff custody of the minor children of the parties, if any;
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(4) Awarding the plaintiff possession of the household pet(s), if any, including the
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enforcement remedy of a restraining order or other injunctive relief if necessary;
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(4)
(5)
Ordering the defendant to surrender physical possession of all firearms in his or her
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possession, care, custody, or control and shall further order a person restrained not to purchase or
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receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The
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defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective
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order to the Rhode Island state police or local police department or to a federally licensed firearms
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dealer.
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(i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall,
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within seventy-two (72) hours after being served with the order, either:
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(A) File with the court a receipt showing the firearm(s) was physically surrendered to the
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Rhode Island state police or local police department, or to a federally licensed firearms dealer; or
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(B) Attest to the court that, at the time of the order, the person had no firearms in his or her
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immediate physical possession or control, or subject to their immediate physical possession or
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control, and that the person, at the time of the attestation, has no firearms in their immediate
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physical possession or control, or subject to their immediate physical possession or control.
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(ii) If a person restrained under this section transfers a firearm(s) to a federally licensed
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firearms dealer pursuant to this section, the person restrained under this section may instruct the
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federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with
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state and federal law, to a qualified named individual who is not a member of the person’s dwelling

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house, who is not related to the person by blood, marriage, or relationship as defined by
§ 15-15-
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1(7)

§ 15-15-1
, and who is not prohibited from possessing firearms under state or federal law. The
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owner of any firearm(s) sold shall receive any financial value received from its sale, less the cost
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associated with taking possession of, storing, and transferring of the firearm(s).
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(iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this
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subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained
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under this section while the protective order remains in effect and shall be informed of this
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prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine
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of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one
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year and not more than five (5) years, or both.
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(iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this
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subsection shall return a firearm(s) to the person formerly restrained under this section only if the
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person formerly restrained under this section provides documentation issued by a court indicating
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that the restraining order issued pursuant to this section that prohibited the person from purchasing,
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carrying, transporting, or possessing firearms has expired and has not been extended;
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(5) After notice to the respondent and a hearing, ordering either party to make payments
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for the support of a minor child or children of the parties as required by law for a period not to
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exceed ninety (90) days, unless the child support order is for a child or children receiving public
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assistance pursuant to chapter 5.1 of title 40 [repealed]. In these cases, legal counsel for the division
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of taxation, child support enforcement, shall be notified as a party in interest to appear for the
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purpose of establishing a child support order under a new or existing docket number previously
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assigned to the parties and not under the protective docket number. The child support order shall
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remain in effect until the court modifies or suspends the order.
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(b) After notice to the respondent and a hearing, which shall be held within fifteen (15)
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days of surrendering said firearms, the court, in addition to any other restrictions, may, for any
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protective order issued after or renewed on or after July 1, 2017, continue the order of surrender,
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and shall further order a person restrained under this section not to purchase or receive, or attempt
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to purchase or receive, any firearms while the protective order is in effect.
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(c) The family court shall provide a notice on all forms requesting a protective order that a
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person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession
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of any firearms while the protective order is in effect. The form shall further provide that any person
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who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of
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surrendering his or her firearms.
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(d) Any firearm surrendered in accordance with this section to the Rhode Island state police

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or local police department shall be returned to the person formerly restrained under this section
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upon the person’s request when:
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(1) The person formerly restrained under this section produces documentation issued by a
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court indicating that the restraining order issued pursuant to this section that prohibited the person
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from purchasing, carrying, transporting, or possessing firearms has expired and has not been
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extended; and
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(2) The law enforcement agency in possession of the firearms determined that the person
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formerly restrained under this section is not otherwise prohibited from possessing a firearm under
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state or federal law.
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(3) The person required to surrender their firearms pursuant to this section shall not be
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responsible for any costs of storage of any firearms surrendered pursuant to this section.
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(e) The Rhode Island state police are authorized to develop rules and procedures pertaining
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to the storage and return of firearms surrendered to the Rhode Island state police or local police
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departments pursuant to this section. The Rhode Island state police may consult with the Rhode
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Island Police Chiefs’ Association in developing rules and procedures.
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(f) Nothing in this section shall be construed to limit, expand, or in any way modify orders
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issued under § 12-29-7 or § 15-5-19.
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(g) Nothing in this section shall limit a defendant’s right under existing law to petition the
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court at a later date for modification of the order.
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(h) The court shall immediately notify the person suffering from domestic abuse whose
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complaint gave rise to the protective order, and the law enforcement agency where the person
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restrained under this section resides, of the hearing.
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(i) The person suffering from domestic abuse, local law enforcement, and the person
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restrained under this section shall all have an opportunity to be present and to testify when the court
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considers the petition.
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(j) At the hearing, the person restrained under this section shall have the burden of showing,
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by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would
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not pose a danger to the person suffering from domestic abuse or to any other person.
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(1) In determining whether to restore a person’s firearm rights, the court shall examine all
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relevant evidence, including, but not limited to: the complaint seeking a protective order; the
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criminal record of the person restrained under this section; the mental health history of the person
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restrained under this section; any evidence that the person restrained under this section has, since
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being served with the order, engaged in violent or threatening behavior against the person suffering
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from domestic abuse or any other person.

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(2) If the court determines, after a review of all relevant evidence and after all parties have
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had an opportunity to be heard, that the person restrained under this section would not pose a danger
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to the person suffering from domestic abuse or to any other person if their firearm rights were
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restored, then the court may grant the petition and modify the protective order and lift the firearm
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prohibition.
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(3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court
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shall issue the person written notice that the person is no longer prohibited under this section from
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purchasing or possessing firearms while the protective order is in effect.
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(k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic
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violence restraining order issued under this section shall not apply with respect to sworn peace
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officers as defined in § 12-7-21 and active members of military service, including members of the
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reserve components thereof, who are required by law or departmental policy to carry departmental
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firearms while on duty or any person who is required by their employment to carry a firearm in the
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performance of their duties. Any individual exempted pursuant to this exception may possess a
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firearm only during the course of their employment. Any firearm required for employment must be
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stored at the place of employment when not being possessed for employment use; all other
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firearm(s) must be surrendered in accordance with this section.
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(l) Upon motion by the plaintiff, the plaintiff’s address shall be released only at the
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discretion of the family court judge.
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(m)(1) Any violation of the protective orders in subsection (a) of this section shall subject
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the defendant to being found in contempt of court.
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(2) The contempt order shall not be exclusive and shall not preclude any other available
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civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to
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exceed three (3) years, at the expiration of which time the court may extend any order, upon motion
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of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse.
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The court may modify its order at any time upon motion of either party.
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(n)(1) Any violation of a protective order under this chapter of which the defendant has
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actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand
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dollars ($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025,
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said violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall
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self-certify that they have successfully completed a specialized domestic violence prosecution
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training course and updated training every four (4) years thereafter, aligned with national best
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practices and eligible for continuing legal education credit(s) as approved by the Rhode Island Bar
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Association.

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(2) The penalties for violation of this section shall also include the penalties as provided
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by § 12-29-5.
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(o) Beginning July 1, 2025, said violation shall, at the initial appearance, be presented by
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a member of a law enforcement agency and/or prosecuted by an attorney appointed by the
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prosecuting authority all of whom shall self-certify that they have successfully completed a
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specialized domestic violence prosecution training course and updated training every four (4) years
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thereafter, aligned with national best practices and eligible for continuing legal education credit(s)
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as approved by the Rhode Island Bar Association.
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(p) Actual notice means that the defendant has received a copy of the order by service or
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by being handed a copy of the order by a police officer pursuant to § 15-15-5(d).
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(q)(1) The district court shall have criminal jurisdiction over all adult violations of this
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chapter.
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(2) The family court shall have jurisdiction over all juvenile violations of this chapter.
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SECTION 2. This act shall take effect upon passage.
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LC006303
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO DOMESTIC RELATIONS -- DOMESTIC ABUSE PREVENTION
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This act would permit the family court to award possession of household pets to the
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plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or
3
other injunctive relief.
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This act would take effect upon passage.
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LC006303
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