Domestic violence charges in Rhode Island can completely turn your life upside down. Even if those allegations are unfounded, your reputation can be destroyed. You may quickly become subject to a restraining order that can limit contact with your kids and prevent you from entering your home. It’s critical to consult an experienced Rhode Island domestic violence lawyer immediately.
At Manosh Payette Criminal Defense Attorneys, we have over 36 years of experience successfully defending clients who are facing charges like yours. We’ve dedicated our entire lives to helping clients beat criminal charges across the State of Rhode Island.
You don’t have time to waste if you’ve been accused of domestic violence. Contact our at (401) 854-7794 law firm in Rhode Island to schedule a confidential consultation right away.
How Manosh Payette Criminal Defense Attorneys Can Help if You Were Accused of Domestic Violence in Rhode Island
Judges in Rhode Island take domestic violence seriously. If you’re accused, expect the prosecution to fight hard for the harshest available penalties. You need an experienced Rhode Island criminal defense attorney on your team.
At Manosh Payette Criminal Defense Attorneys, we know the stakes are high. We also know the law inside and out. We’re well-prepared to develop the strongest defense possible.
When you hire our team to handle your legal representation, we’ll fight for you by:
- Immediately launching our own investigation into the allegations
- Collecting evidence to fight any orders of protection and build your defense
- Evaluating the prosecution’s evidence
- Protecting your legal rights and having illegally obtained evidence thrown out
- Finding any holes or weaknesses in the prosecution’s case against you
- Helping you determine whether the terms of any plea deal are fair
- Working to have your charges downgraded or your case dismissed
If your case proceeds to trial, our experienced Rhode Island criminal defense lawyers will be ready with the most aggressive defense possible. We’re always here to discuss your case. Contact us today to get started.
Domestic Violence: An Overview of the Laws in Rhode Island
Domestic violence is a broad term used to describe criminal offenses committed by people who share certain domestic relationships. The Rhode Island Domestic Violence Protection Act lists certain relationships and also specifies the types of criminal offenses that are considered “domestic violence.”
People who are protected under Rhode Island’s domestic violence law include victims who are:
- A spouse or former spouse
- Adult persons related by blood or marriage to the defendant
- Adults who live with the defendant
- Adults who have lived with the defendant at some point in the previous three years
- People who have a child together
- Someone with whom the defendant has had a substantive dating relationship within the past year, based on the facts and circumstances
These definitions may seem relatively clear. However, courts have the authority to evaluate the facts and circumstances when determining whether a protected domestic relationship exists in some cases. They may evaluate the length of the relationship, how often the parties interacted, and the type of relationship involved.
What Types of Offenses Count as Domestic Violence in Rhode Island?
A wide range of offenses can be classified as domestic violence when a protected relationship exists. Not all of these criminal offenses involve physical harm to the victim. Threats, stalking, and even harassment are cited in the statute.
Domestic violence in Rhode Island can include:
- Simple assault
- Felony assault
- Vandalism
- Disorderly conduct
- Trespass
- Kidnapping
- Child-snatching
- Sexual assault
- Homicide
- Stalking
- Refusal to relinquish or to damage or to obstruct a telephone
- Burglary and unlawful entry
- Arson
- Cyberstalking and cyberharassment
- Domestic assault by strangulation
- Electronic tracking of motor vehicles
- Violation of the provisions of a protective order
- Violation of a no-contact order
Police in Rhode Island can arrest suspects on domestic charges based on probable cause alone. They don’t have to actually witness the crime. They also don’t need a warrant or even the victim’s consent or cooperation to make an arrest within 24 hours of the alleged crime.
What Are the Possible Penalties for Domestic Violence in Rhode Island?
Domestic violence accusations always have serious consequences. Call a Rhode Island domestic violence attorney to protect yourself.
The penalties for domestic violence will depend on the nature of the primary offense. Domestic violence offenses can be felonies or misdemeanors. Like any other criminal conviction, you could face jail time, financial penalties, and probation. You’ll also have a lasting criminal record.
Domestic Violence Charges Can Carry Significant Jail Time
Any prison sentence will depend on the underlying offense. Penalties are imposed in addition to any penalties specifically contained in the domestic violence law.
For example, if you’re convicted of sexually assaulting a domestic partner in Rhode Island, you could spend anywhere from three years to life in prison. Simple assault conviction carries up to a year in prison and $1,000 in fines.
Make no mistake–you can be sentenced to prison even if the underlying charge is a misdemeanor in Rhode Island. Judges don’t have the authority to waive or suspend mandatory jail sentences if you’re convicted on domestic violence charges for a second time.
If you’re convicted again under the domestic violence law and the charge is a misdemeanor, you will face:
- Between ten days and one year in prison for a second offense
- Felony charges carrying between one year and ten years in prison for a third or subsequent offense
If you’ve been accused of domestic violence, contact Manosh Payette Criminal Defense Attorneys for legal assistance today. We’ll go to work immediately to start building the strong legal defense you need.
Additional Consequences of a Domestic Violence Conviction in Rhode Island
Depending on the circumstances, people convicted of domestic violence also face:
- Probation or parole
- Mandatory participation in anger management or drug counseling programs
- Loss of child custody rights
- Loss of the ability to own a firearm
- Immigration problems
- Financial penalties, including payment of court fees and attorneys’ costs
- Sex offender registration requirements
- Difficulty gaining employment or finding housing
- Loss of professional licenses
All individuals who are convicted of domestic violence crimes must participate in a domestic batterer’s program for a minimum of 20 weeks. You must participate even if you didn’t contest the charges or are placed on probation. These programs are designed to help people identify non-abusive ways to respond to situations with others in their lives.
The Impact of Restraining Orders in Rhode Island
Courts have the authority to issue protective orders in cases where an alleged victim legitimately fears for their safety. Temporary protective orders can last up to 21 days. The judge can also extend the 21-day period. These temporary restraining orders (TROs) can be ordered without even giving you notice.
You’ll be granted the right to a hearing to tell your side of the story, but it’s always possible that a final restraining order can be issued. Final restraining orders can last up to three years.
Restraining orders can:
- Prohibit you from contacting the victim
- Require you to move out of your home
- Require that you continue to provide financial support
- Prohibit you from contacting your children
- Prohibit you from possessing a firearm
Violating the terms of a restraining order is also a crime. You can face contempt charges if you knew about the restraining order and violated its terms. Conviction carries up to one year in jail and a fine of up to $1,000.
Even if the victim doesn’t get a restraining order, the court can issue a no-contact order. No contact orders prohibit you from contacting the victim in any way while criminal charges are pending.
What Defenses Can Be Raised if I’m Accused of Domestic Violence in Rhode Island?
State prosecutors always have the burden of proving you’re guilty beyond a reasonable doubt. Our attorneys are prepared to make that task as difficult as possible.
While the most effective defense strategy will depend on the exact charges you’re facing.
Some examples of defense strategies that tend to be effective in domestic violence cases include:
- Lack of evidence to support the underlying charges
- Evidentiary challenges based on illegal search and seizures, other constitutional violations, or challenges to witness credibility
- You were justified in committing the actions because you were defending yourself or someone else
- False allegations
- You did not have the required state of mind to support the underlying offense
It’s critical to start building your defense as soon as possible. Contact our Rhode Island domestic violence defense attorneys so that we can begin collecting evidence today.
Schedule a Free Consultation With a Rhode Island Domestic Violence Lawyer
Without a strong legal defense team, domestic violence charges can destroy your life. An experienced Rhode Island domestic violence lawyer is your most important asset during this difficult time. At Manosh Payette Criminal Defense Attorneys, we offer free consultations. Don’t hesitate to reach out for help today.
