Rhode Island Domestic Violence Lawyer

Rhode Island Domestic Violence Attorney

The State of Rhode Island has strict laws when it comes to domestic violence. Domestic violence cases can have lasting repercussions for all parties involved, including harsh penalties for the Defendant who is charged with domestic violence.

Domestic assault and domestic violence are very serious charges. They can result in jail sentences and potential lifelong consequences. There is a stigma against any individual who is accused of domestic violence. It is important to act quickly and work with an attorney who can help you protect your rights after getting charged with domestic violence. This is why it is important to hire experienced Rhode Island Criminal Defense lawyers to help with your case if you are charged with a domestic violence offense.

The attorneys at Ellison Law LLC have represented hundreds of people charged with domestic violence charges. They understand these cases have a serious effect on your personal life, including where you can live, your employment, and relationships with family. They handle a large number of domestic assault cases each year.

What Qualifies as a Domestic Relationship in Rhode Island?

A domestic relationship in Rhode Island is defined by specific connections between individuals. Rhode Island General Laws § 12-29-2(b) defines a “Family or household member” as the following:

• spouses
• former spouses
• adult persons related by blood or marriage
• adult persons who are presently residing together or who have resided together in the past three (3) years
• persons who have a child in common regardless of whether they have been married or have lived together
• persons who are, or have been, in a substantive dating or engagement relationship within the past one year which shall be determined by the court’s consideration of the following factors: (1) The length of time of the relationship; (2) The type of the relationship; (3) The frequency of the interaction between the parties.

What is Domestic Violence in Rhode Island?

In Rhode Island, domestic violence refers to criminal offenses committed by individuals who share a specific domestic relationship. This term encompasses various acts of physical or verbal violence. This means that a domestic violence charge in Rhode Island isn’t a single charge but it’s an umbrella term for different criminal acts committed in a domestic relationship.

What are Some Different Domestic Violence Offenses in Rhode Island?

Rhode Island General Laws § 12-29-2(a) states any of the following crimes are domestic when committed by one family or household member against another:

• (1) Simple assault (§ 11-5-3);
• (2) Felony assaults (§§ 11-5-1, 11-5-2, and 11-5-4);
• (3) Vandalism (§ 11-44-1);
• (4) Disorderly conduct (§ 11-45-1);
• (5) Trespass (§ 11-44-26);
• (6) Kidnapping (§ 11-26-1);
• (7) Child-snatching (§ 11-26-1.1);
• (8) Sexual assault (§§ 11-37-2, 11-37-4);
• (9) Homicide (§§ 11-23-1 and 11-23-3);
• (10) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the penalty for its violation or a violation of a no contact order issued pursuant to § 12-29-4;
• (11) Stalking (§§ 11-59-1 et seq.);
• (12) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);
• (13) Burglary and Unlawful Entry (§ 11-8-1 et seq.);
• (14) Arson (§ 11-4-2 et seq.);
• (15) Cyberstalking and cyberharassment (§ 11-52-4.2);
• (16) Domestic assault by strangulation § 11-5-2.3; and
• (17) Electronic tracking of motor vehicles (§ 11-69-1).

What is Domestic Assault in Rhode Island?

Domestic assault involves any act of physical harm, attempted physical harm or the threat of physical harm directed towards an individual that is in a qualifying domestic relationship under the law. This classification carries additional legal consequences compared to standard assault charges due to the domestic nature of the relationship between the defendant and the alleged victim.

Is there a difference between Domestic Violence and Domestic Assault in Rhode Island?

Yes, there’s a difference between domestic violence and domestic assault in Rhode Island. Domestic assault refers to physical acts of violence or any offensive touching committed against an individual without their consent in a domestic relationship under the law. In contrast, domestic violence is a broader term that encompasses different criminal behaviors/charges that happen when the defendant and alleged victim are in a domestic relationship. Different types of charges can be encompassed in a domestic violence charge like domestic vandalism, domestic disorderly conduct or domestic assault.

Domestic Assault Legal Defense Strategy

It is important to contact an attorney right away to help handle your case. If you hire the attorneys at Ellison Law LLC, we will immediately start filing motions on your behalf. We will make sure to obtain all police reports, all witness statements, photos and other evidence the government may have against you.

We will make sure to do our own investigation into what truly happened. Sometimes, domestic violence allegations can be false and made up for a variety of reasons. False accusations result in a grave injustice when you are charged with domestic violence.

What are Some Penalties to Domestic Violence in Rhode Island?

Rhode Island General Laws § 12-29-5, states that anyone who is convicted of a domestic violence crime must complete a batterer’s intervention program and pay an additional $125 assessment.

If you are charged with a domestic violence crime, you face severe penalties including jail time, probation, fines and fees. For a domestic violence offense, there are different penalties based on how many prior convictions you have for a domestic crime.

1st Offense Penalties:

• Misdemeanor
• up to one year in jail
• batterer’s intervention program
• extra assessment fees of $125.00
• domestic no contact order
• potential probation
• potential criminal conviction

2nd Offense Penalties:

• Misdemeanor
• at least 10 days in jail and up to one year in jail
• batterer’s intervention program
• extra assessment fees of $125.00
• domestic no contact order
• potential probation
• potential criminal conviction

3rd Offense Penalties:

• Felony
• at least one year in jail and up to 10 years in jail
• batterer’s intervention program
• extra assessment fees of $125.00
• domestic no contact order
• potential probation
• potential felony conviction

What Happens If I Own Guns with a Domestic Violence Charge?

If you are convicted under the Domestic Violence Prevention Act, you may be required to forfeit your firearm rights — it is important to let your attorney know right away if you own guns and get charged with a domestic violence offense in Rhode Island. This will help your lawyer craft a strategy to help you protect your right to a firearm.

What is a Domestic No Contact Order?

A Domestic No Contact Order will make it illegal for the defendant to contact the alleged victim in any way including phone calls, text messages, social media, in person contact, and third party contact through another individual. The violation of a Domestic No Contact Order may result in an additional criminal charge, a potential bail violation, and potential jail time.

What should I expect if I am accused of Domestic Violence in Rhode Island?

Facing a domestic violence accusation in Rhode Island can be a very overwhelming experience, therefore it’s important that you understand the legal process and what are the potential consequences.

1. The police arriving to the scene

   In Rhode Island, police officers require probable cause to arrest someone. Once they arrive at the scene, their first tactic is to separate the individuals involved and speak with all the witnesses to assess if there’s probable cause to charge someone with a domestic violence crime or another crime.

   At this point it is important to understand that you will likely be talking with the officers without an attorney present at the scene. Any statements that you make may potentially be used as evidence against you in court. To avoid this, it’s advisable that you remain silent when you’re questioned by the police and ask to speak with a lawyer. It is also important to avoid speaking with witnesses, family members, friends or neighbors until you’ve consulted with a criminal defense attorney who can guide you on how to proceed. Anything you tell the police or other people could potentially be used against you in court one day.

2. Arrest and No Contact Order (NCO)

   If the police determine there was probable cause that you committed a domestic violence criminal offense, you will be arrested. This means as part of your bail condition for the domestic violence charge that the court will likely issue a No Contact Order (NCO) which prevents you from contacting the alleged victim. Once it’s issued, it is not easy to modify or lift it.

   In addition to a No Contact Order, you may also face civil restraining orders issued by the District or Family Court. These orders can include specific directives related to property, pets, child custody, etc. Violating a restraining order can potentially result in additional criminal charges and even being held without bail at the jail in your criminal case. At this point, it is vital that you consider hiring a criminal defense lawyer who can help you fight the charges and strategize your defense to the case.

3. Arraignment

   After you’re arrested, you will have to attend an arraignment which is your first appearance in front of a judge. The court will confirm your personal information and they will formally read the charges. Then you will either have to enter a plea to the charges (not guilty, guilty or nolo contendere). If a No Contact Order has not been issued, it will likely be issued at this point or the court will extend the No Contact Order that has been previously issued. The court will try to determine what your bail should be, who your lawyer is going to be and likely a new court date for you to come back.

4. Pre-trial

   If you plead not guilty, your case will proceed to a pre-trial phase where the process of discovery will begin. This is when your attorney and the prosecution/police will exchange information like police reports, statements, any video or audio recordings and other evidence. In addition to the discovery process, your defense attorney may attempt to negotiate with the prosecution to either reduce or even dismiss the charges or form some other resolution. If a resolution cannot be reached, then the case will likely proceed to trial.

5. Trial

   In Rhode Island, misdemeanor domestic violence trials in the District Court are decided by a judge (this is called a “bench trial”), with the option to appeal for a jury trial in the Superior Court. Felony domestic violence trials are heard in the Superior Court. These can involve pre-trial motions, jury selection, opening arguments, witness testimonies with cross-examinations, potential rebuttals and closing arguments. After all of the evidence is presented in Superior Court at a jury trial, the jury deliberates (following instructions from the judge) and a unanimous verdict is required for conviction. The outcome will be a verdict of guilty or not guilty or a hung jury if they cannot agree.

What are Some Defenses to Domestic Violence in Rhode Island?

• Self Defense: Depending on the circumstances, it is possible to argue that you defended yourself with reasonable force.
• It Never Happened
• The Alleged Victim is Lying
• Not a Domestic Relationship

What is the Rhode Island Batterer’s Intervention Program?

If you’re convicted with a domestic violence charge in Rhode Island, you are required to enroll in and successfully complete a Batterers Intervention Program. These programs are group sessions led by trained facilitators or counselors specializing in domestic violence.

The classes typically consist of a minimum of 20 weekly sessions, lasting one to two hours each, with participants required to pay a fee and adhere to strict attendance and punctuality rules. If you fail to attend or actively participate, it can result in a probation violation and potentially lead you to receiving jail time.

Batterers Intervention Programs are distinct from substance abuse or mental health counseling and focus on helping individuals identify abusive behaviors, develop non abusive reactions and improve communication skills with their partners.

There are some certified places to do this, you can find a list of providers and more information here at Rhode Island Coalition Against Domestic Violence (RICADV).

False accusations of Domestic Violence in Rhode Island

False accusations of domestic violence, in Rhode Island, can have devastating consequences for the accused. Unlike other false crime reports, accusers in domestic violence cases are rarely charged for making those false claims, as the legal system prioritizes encouraging genuine victims to come forward.

Unfortunately, this well-intentioned approach sometimes leads to the misuse of domestic violence charges. False allegations sometimes appear during a divorce and child custody battles and, occasionally, it is used as a tactic for leverage or revenge. The consequences of these unfounded accusations are severe since it can potentially impact child custody, employment, financial stability and it can even lead to jail time. Innocent individuals face significant emotional and legal burdens while it also undermines the credibility of true victims of abuse.

In Rhode Island, a skilled criminal defense lawyer can counter false accusations by uncovering inconsistencies, investigating relationship histories and obtaining vital evidence like medical records, counseling histories or videos to show the false accusations. If you’re facing false accusations, it’s crucial to work with a criminal defense attorney, like the attorneys at Ellison Law LLC, who understands the complexities of these cases and can safeguard your rights and reputation.

What is the Rhode Island Domestic Violence Prevention Act?

The Rhode Island Domestic Violence Prevention Act, codified in Chapter 29 of Title 12 of the Rhode Island General Laws, acknowledges domestic violence as a serious crime and aims to provide victims with maximum legal protection under the law. This Act mandates law enforcement to treat domestic violence incidents with the same severity as crimes between strangers, ensuring consistent enforcement regardless of the relationship between the involved individuals. The Act also emphasizes the enforcement of protective orders, including those issued by other jurisdictions to safeguard victims across state lines.

What should I do if I have a Domestic Violence charge in Rhode Island?

If you are charged with a crime of domestic violence or if someone seeks a protective order against you, you should contact a skilled Rhode Island Criminal Defense Lawyer as soon as possible.

The attorneys at Ellison Law LLC have managed countless domestic violence charges and they are able to create a unique strategy on how to best defend your case. They will conduct their own investigation into the case, request and analyze the discovery and help defend your rights.

Do not wait to contact Ellison Law LLC today at 401-329-9808.