Terms Used In Rhode Island General Laws > Chapter 8-8.1 - Domestic Assault

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Cohabitants: means emancipated minors or persons eighteen (18) years of age or older, not related by blood or marriage, who together are not the legal parents of one or more children, and who have resided together within the preceding three (3) years or who are residing in the same living quarters. See Rhode Island General Laws 8-8.1-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Course of conduct: means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. See Rhode Island General Laws 8-8.1-1
• Cyberstalking: means transmitting any communication by computer to any person or causing any person to be contacted for the sole purpose of harassing that person or his or her family. See Rhode Island General Laws 8-8.1-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Domestic abuse: means the occurrence of one or more of the following acts between cohabitants or the occurrence of one or more of the following acts between persons who are or have been in a substantive dating or engagement relationship within the past one year; "domestic abuse" shall be determined by the court's consideration of the following factors:

  (i)  The length of time of the relationship;

  (ii)  The type of the relationship;

  (iii)  The frequency of the interaction between the parties;

  (iv)  Attempting to cause or causing physical harm;

  (v)  Placing another in fear of imminent serious physical harm;

  (vi)  Causing another to engage involuntarily in sexual relations by force, threat of force, or duress; or

  (vii)  Stalking or cyberstalking. See Rhode Island General Laws 8-8.1-1

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Harassing: means following a knowing and willful course of conduct directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and which serves no legitimate purpose. See Rhode Island General Laws 8-8.1-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Service of process: The service of writs or summonses to the appropriate party.
• Sole legal interest: means defendant has an ownership interest in the residence and plaintiff does not; or defendant's name is on the lease and plaintiff's is not. See Rhode Island General Laws 8-8.1-1
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.