§ 11-32-6 Jurisdiction of district,superior and family courts. – (a) Any court with jurisdiction over any criminal matter, including the familycourt when it has jurisdiction of a juvenile by virtue of a wayward ordelinquent petition alleging the violation of any criminal statute of the stateof Rhode Island, may, in its discretion, upon good cause (which may include,but is not limited to, credible hearsay or the declaration of the prosecutor ordefense attorney) that intimidation or dissuasion of any person who is a victimor who is a witness, has occurred or is reasonably likely to occur, issueorders including, but not limited to, the following:
(1) An order that a defendant not violate any provision ofthis chapter.
(2) An order that a person before the court other than adefendant, including, but not limited to, a subpoenaed witness or other personentering the courtroom of the court, not violate any provisions of this chapter.
(3) An order that any person described in this subsectionmaintain a prescribed geographic distance from any specified witness or victim.
(4) An order that any person described in this subsectionhave no communication whatsoever with any specified witness or any victim,except through an attorney under any reasonable restrictions that the court mayimpose.
(5) An order calling for a hearing to determine if an orderas described in subdivisions (1) through (4) of this subsection should beissued.
(6) An order that a particular law enforcement agency withinthe jurisdiction of the court provide protection for a victim and/or witness.
(b) Every person violating any order made pursuant tosubsection (a) of this section may be punished in any or all manner as follows:
(1) For any substantive offense described in § 11-32-5.
(2) As a contempt of the court making the order. No findingof contempt shall be a bar to prosecution for a substantive offense under§ 11-32-5, but any conviction or acquittal for any substantive offenseunder § 11-32-5 shall be a bar to subsequent punishment for contemptarising out of the same act.
(3) By revocation of any form of pretrial release and/or theforfeiture of bail and the issuance of a bench warrant for the defendant'sarrest or remanding him or her into custody. Revocation may, after a hearingand upon showing by clear and convincing evidence, in the sound discretion ofthe court, be made whether the violation order complained of has beenpersonally committed by the defendant or was in any way caused or encouraged tohave been committed by the defendant.
§ 11-32-6 Jurisdiction of district,superior and family courts. – (a) Any court with jurisdiction over any criminal matter, including the familycourt when it has jurisdiction of a juvenile by virtue of a wayward ordelinquent petition alleging the violation of any criminal statute of the stateof Rhode Island, may, in its discretion, upon good cause (which may include,but is not limited to, credible hearsay or the declaration of the prosecutor ordefense attorney) that intimidation or dissuasion of any person who is a victimor who is a witness, has occurred or is reasonably likely to occur, issueorders including, but not limited to, the following:
(1) An order that a defendant not violate any provision ofthis chapter.
(2) An order that a person before the court other than adefendant, including, but not limited to, a subpoenaed witness or other personentering the courtroom of the court, not violate any provisions of this chapter.
(3) An order that any person described in this subsectionmaintain a prescribed geographic distance from any specified witness or victim.
(4) An order that any person described in this subsectionhave no communication whatsoever with any specified witness or any victim,except through an attorney under any reasonable restrictions that the court mayimpose.
(5) An order calling for a hearing to determine if an orderas described in subdivisions (1) through (4) of this subsection should beissued.
(6) An order that a particular law enforcement agency withinthe jurisdiction of the court provide protection for a victim and/or witness.
(b) Every person violating any order made pursuant tosubsection (a) of this section may be punished in any or all manner as follows:
(1) For any substantive offense described in § 11-32-5.
(2) As a contempt of the court making the order. No findingof contempt shall be a bar to prosecution for a substantive offense under§ 11-32-5, but any conviction or acquittal for any substantive offenseunder § 11-32-5 shall be a bar to subsequent punishment for contemptarising out of the same act.
(3) By revocation of any form of pretrial release and/or theforfeiture of bail and the issuance of a bench warrant for the defendant'sarrest or remanding him or her into custody. Revocation may, after a hearingand upon showing by clear and convincing evidence, in the sound discretion ofthe court, be made whether the violation order complained of has beenpersonally committed by the defendant or was in any way caused or encouraged tohave been committed by the defendant.
§ 11-32-6 Jurisdiction of district,superior and family courts. – (a) Any court with jurisdiction over any criminal matter, including the familycourt when it has jurisdiction of a juvenile by virtue of a wayward ordelinquent petition alleging the violation of any criminal statute of the stateof Rhode Island, may, in its discretion, upon good cause (which may include,but is not limited to, credible hearsay or the declaration of the prosecutor ordefense attorney) that intimidation or dissuasion of any person who is a victimor who is a witness, has occurred or is reasonably likely to occur, issueorders including, but not limited to, the following:
(1) An order that a defendant not violate any provision ofthis chapter.
(2) An order that a person before the court other than adefendant, including, but not limited to, a subpoenaed witness or other personentering the courtroom of the court, not violate any provisions of this chapter.
(3) An order that any person described in this subsectionmaintain a prescribed geographic distance from any specified witness or victim.
(4) An order that any person described in this subsectionhave no communication whatsoever with any specified witness or any victim,except through an attorney under any reasonable restrictions that the court mayimpose.
(5) An order calling for a hearing to determine if an orderas described in subdivisions (1) through (4) of this subsection should beissued.
(6) An order that a particular law enforcement agency withinthe jurisdiction of the court provide protection for a victim and/or witness.
(b) Every person violating any order made pursuant tosubsection (a) of this section may be punished in any or all manner as follows:
(1) For any substantive offense described in § 11-32-5.
(2) As a contempt of the court making the order. No findingof contempt shall be a bar to prosecution for a substantive offense under§ 11-32-5, but any conviction or acquittal for any substantive offenseunder § 11-32-5 shall be a bar to subsequent punishment for contemptarising out of the same act.
(3) By revocation of any form of pretrial release and/or theforfeiture of bail and the issuance of a bench warrant for the defendant'sarrest or remanding him or her into custody. Revocation may, after a hearingand upon showing by clear and convincing evidence, in the sound discretion ofthe court, be made whether the violation order complained of has beenpersonally committed by the defendant or was in any way caused or encouraged tohave been committed by the defendant.
