Rhode Island General Laws 8-8.3-6. Service of one-year extreme risk protection orders
(a) A one-year extreme risk protection order issued under this chapter shall be personally served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may request the assistance of the state police with the service as needed. If the division of sheriffs cannot complete service of the one-year extreme risk protection order upon the respondent within seven (7) days of the order’s issuance, the deputy sheriff shall notify the petitioner and the court. The petitioner shall then seek an order for alternative service pursuant to this chapter.
Terms Used In Rhode Island General Laws 8-8.3-6
- Court: means the superior court in the county in which the respondent resides. See Rhode Island General Laws 8-8.3-1
- Extreme risk protection order: means either a temporary order or a one-year order granted under this chapter. See Rhode Island General Laws 8-8.3-1
- One-year extreme risk protection order: means an extreme risk protection order granted pursuant to the provisions of Rhode Island General Laws 8-8.3-1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Petitioner: means a law enforcement agency that petitions for an order pursuant to this chapter. See Rhode Island General Laws 8-8.3-1
- Respondent: means the person who is identified as the respondent in a petition filed pursuant to this chapter. See Rhode Island General Laws 8-8.3-1
- Summons: Another word for subpoena used by the criminal justice system.
(b) If the court determines that after diligent effort, personal service on the respondent with or of any documents as required pursuant to this chapter cannot be made, then the court may order an alternative method of service designed to give reasonable notice to the respondent. Alternative service may include, but shall not be limited to: service by certified and regular mail at respondent’s last-known address or place of employment; leaving copies at the respondent’s dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by affixing a summons to the door of the respondent’s residence. Provided, due to the nature of these proceedings, notice shall not be given by publication in a newspaper.
(c) In the event personal service of any order, notice, or other document issued pursuant to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk protection order, and hearing thereon, as the court deems appropriate, until service can be made upon the respondent.
(d) Upon receipt of alternative service of any order, notice, or other document issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.
History of Section.
P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 6, § 1; P.L. 2018, ch. 7, § 1.