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Rhode Island Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for Rhode Island on
Q: I am trying to get a restraining order against my child’s father to prevent any futher emotional abuse and harm

I tried to get a restraining order, I was denied a temporary one back in February and then had a hearing today 3/6/23 and they denied it saying emotional abuse isn’t a reason for a restraining order my son Was hospitalized because of the emotional abuse and trauma from his father and they judge... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

Thomas Briody
Thomas Briody
answered on Jul 24, 2022

The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I have a no contact order against me by my wife. If I change my FB profile picture to us and two kids is it a violation?
Thomas Briody
Thomas Briody
answered on Jul 23, 2022

This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Rhode Island on
Q: How do you stop a visit with child when there is a sexual abuse investigation open by dcyf on the other parent ?

my son was inpatient at a psychiatric hospital for trying g to commit suicide.he told the drs he is being sexually abused by his biological father. There is no a pending investigation open with dcyf due to this information. The biological father will be here in a few days to pick him up. How can I... Read more »

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

To make DCYF aware of the situation call 1800RICHILD. It is rather peculiar that the mandated reporters at the hospital did not make this report. Perhaps they did not have this information.

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My friend has been detained under 3 domestic violence charges.

The court date is in 5 months and it seems the neighbor has pointed their cameras at his front driveway to enforce no contact. After research we found this is legal as the area is deemed public with no expectation of privacy. However the partners statement was made immediately while under distress... Read more »

Neville Bedford
Neville Bedford
answered on Dec 6, 2021

This public forum is not the place to discuss the details. As much as you want to help, remaining silent is your friend's right. Your friend will be best served by the confidential advice of a licensed attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: How does my boyfriend get the charges dropped?

Long story short my boyfriends grandmother was harassing and yelling at him to pick up two small stones of concrete. He told her to stop giving an attitude or he was not going to do so. She continued to follow him around the yard, as he opened my car door she then pulled my door back, pushed him... Read more »

Thomas Briody
Thomas Briody
answered on Sep 30, 2020

Domestic charges are serious and potentially a felony depending on the grandmother’s age. Your boyfriend needs a lawyer. It may be possible to get the charges dropped, but there is no ‘one size fits all’ answer. Please contact and retain an attorney. Don’t try to do this alone. I hope... Read more »

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1 Answer | Asked in Domestic Violence for Rhode Island on
Q: How do authorities know of no contact order voilations? Is it only if I share the evidence or do they search their phone
Thomas Briody
Thomas Briody
answered on Sep 6, 2020

They know because of a complaint, or a text message, or an email, or because of a witness.... or many other reasons. There is no one answer. If you say there is a violation, that may be enough. If there is a voicemail, the police will want to listen to it. If you have a restraining order... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: State pressed the domestic charge. Not my wife or i our mariage fell apart. Im taking classes . can it be dropped.
Neville Bedford
Neville Bedford
answered on Jul 6, 2020

Exercise your fifth amendment right and speak only in confidence with your attorney. After that case is resolved. contact a family law attorney to discuss Divorce options.

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I got in an argument with my ex. He strangled me and upon trying to get him off I scratched him. I got arrested.

I would like to hire an attorney but I am looking at being fired because I have had to miss so much time at work to go to court. I have not one thing on my record and have had 2 restraining orders on him in the past. I dont understand how they cannot see that I was not the aggressor.

John LaRochelle
PREMIUM
John LaRochelle
answered on Mar 10, 2020

You should follow through with your plan to hire an attorney. It’s important that you present a strong defense with an effective presentation of the evidence that demonstrates you were not the aggressor.

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1 Answer | Asked in Domestic Violence for Rhode Island on
Q: How can the victim dismiss a domestic violence charge?

If I regret my decision to call the cops and believe I have no evidence against the defendant who wants to take it to trial what is the smoothest way for me to have the case dismissed? I just want it to be over and not backfire on me.

Thomas Briody
Thomas Briody
answered on Feb 16, 2020

The victim cannot dismiss a charge. The victim can communicate, however, that he/she does not wish to go forward. That may lead to a dismissal, depending on the facts. You should discuss this matter with a lawyer before you do anything in order to avoid any issues.

1 Answer | Asked in Libel & Slander, Civil Rights and Domestic Violence for Rhode Island on
Q: Can a person say whatever they would like to someone? I had a situation today where I asked the parties to stop.

They did not as such I was scared and called the police. I wanted them to leave me alone and they refused then continued to verbally threaten me, harass and get in my face when I was near the female. To me this is 100% illegal. Situation was in Cranston, Rhode Island.

Neville Bedford
Neville Bedford
answered on Feb 2, 2020

"Near the female" situations can be challenging both for humans and their companions. If the situation stops when you are not near the female, avoid being near the female. Free speech does have some limits. Contact your attorney if you are interested in bringing a lawsuit for the... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Rhode Island on
Q: Domestic violence

So I was 8 months pregnant when my boyfriend hit me because we had just broke up. He made me so emotional because I was at the end of my pregnancy and he left me for someone else. But after he hit me I called the cops and they arrived 5 minutes later. But he was not at the scene. The police decided... Read more »

Thomas Briody
Thomas Briody
answered on Jan 21, 2020

Don’t lie for him. The felony on his record is not your fault. It’s not your job to ‘get it off his record.’ You could benefit from some private legal consultation. Even if you are now on good terms, there is no real excuse for striking a woman, much less one who is 8 months pregnant.

1 Answer | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Rhode Island on
Q: What are my legal rights when I'm only tenant on my lease. My gf will not leave willingly

She has repeatedly threatened me to call police for no reason and have me removed out of my own place. I pay 1500 a month and she pays nothing. I'm trying to end this controlling relationship.

Neville Bedford
Neville Bedford
answered on Dec 24, 2019

If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Rhode Island on
Q: How can a grandparent end guardianship when the parents refuse to take the child back? Troubled teenager.

Divorced parents don’t want teen and refuse to take him. Teen needs to be removed from grandparents home. Who can physically remove the teen?

Neville Bedford
Neville Bedford
answered on Nov 21, 2019

Children who are unwanted by parents and guardians oft end up in state custody. Meet with your attorney, either the one who assisted you with the Guardianship, or any other attorney of your choice, to discuss your options.

2 Answers | Asked in Family Law and Domestic Violence for Rhode Island on
Q: My brother & his girlfriend have lived in N. Carolina for about 6 yrs. and they have 2 kids. The girlfriend left with

Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring... Read more »

Neville Bedford
Neville Bedford
answered on Oct 10, 2019

A2: Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT,... Read more »

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1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My roommate and I both got charged with domestic assault. What is the best way to plead in court so I dont loose my job?

I have a clean record and need this expunged

Thomas Briody
Thomas Briody
answered on Sep 8, 2019

I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant, Criminal Law and Domestic Violence for Rhode Island on
Q: My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?

My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact... Read more »

Gary Kollin
Gary Kollin
answered on Sep 4, 2019

You wrote further detail on AVVO. You could subject yourself to possible prosecution.

The phone calls from the jail may be recorded

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Federal Crimes for Rhode Island on
Q: Can my boyfriend be charged with B&E if he is on my lease?

I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »

Thomas Briody
Thomas Briody
answered on Sep 3, 2019

Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: My boyfriend and I have a NCO. Can i still pay his bail?
William Jaksa
William Jaksa
answered on Sep 2, 2019

Read the terms of the NCO carefully, but I suspect that you should have no problems paying his bail. BUT it might be a smart move to have a friend do it.

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: What are my rights for getting help to relocate die to my son's father attacking me in my home and as result I have been

Put on a DV safe house with my son how can I get help to get another apartment since the attack happens at old one

Neville Bedford
Neville Bedford
answered on Mar 27, 2019

Work with you advocates at the DV safe house to continue your safety plan. Work with your attorney to establish sole custody to enable you to relocate.

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