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Rhode Island Domestic Violence Questions & Answers
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 the... 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 my... 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.

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: How do I get my fiancé out of something that shouldn’t have happened and got arrested for domestic
Thomas Briody
Thomas Briody answered on Dec 23, 2018

You (or he) needs an aggressive attorney. If you are the complaining witness, you can cooperate with that attorney and let the prosecutor know that you do not wish to go forward with any charges. Sorry I cannot be more specific, but this question requires more details about the facts. Good luck... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: Can someone have 2 NCO’s against the same person in the same state? This is in RI.

Can one individual have 2 NCO’s against the same individual in Rhode Island??

Thomas Briody
Thomas Briody answered on Aug 22, 2018

If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Rhode Island on
Q: How do I find out if there is still a restraining order in place again someone charged with child molestation

I am the victim don't remember how long the restraining order

Neville Bedford
Neville Bedford answered on Jun 11, 2018

You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/

2 Answers | Asked in Domestic Violence for Rhode Island on
Q: never been in any legal problems but now the police press charges for a small. Stab wound am i going to a felonyforthis?
Thomas Briody
Thomas Briody answered on Jun 1, 2018

It could be a felony. The fact you have ‘never been in trouble’ before is relevant at sentencing, but not in the decision to charge you. You need to have a private discussion with a lawyer who you retain to defend you and explore ways to defeat the charge or mitigate any punishment. I hope... Read more »

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2 Answers | Asked in Domestic Violence for Rhode Island on
Q: Hello my father my grand farther We’re just involved in a domestic violence incident

My father my grandfather were just involved in a domestic violence incident where my dad restrained him because he came after My Dad and I got out a hand my dad is on probation He is on probation but he’s been doing so good the last three years his fines almost paid off he’s on unsupervised... Read more »

Thomas Briody
Thomas Briody answered on May 12, 2018

You cannot ‘drop’ charges once the police file them. You can help your father by getting him a lawyer who can work with the prosecutor and make sure that he or she knows you were not injured and you don’t want to go forward. An experienced lawyer will make a big difference here, but you... Read more »

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1 Answer | Asked in Domestic Violence for Rhode Island on
Q: I was found not guilty om domestic charges. However i was the victim. Can i press charges on her on that same crime?
Thomas Briody
Thomas Briody answered on Apr 9, 2018

You can try. Without the facts, it’s hard to say if you will be succeed. If you were found not guilty, it doesn’t mean you you didn’t do it. It means the prosecutor couldn’t prove it. That’s the same burden the prosecutor faces in a new case. You might want to have a private... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: What is the max sentence you can get on a domestic simple assault and domestic disorderly conduct misdemeanor charges.

I leant my daughter money to pay her rent for a few months a couple years ago. She promised to pay it back with this income tax return, when she txd me the day before to come in the morning, we got into a tif about the amount. So I got to her house around 10 am she asked only I come up and not... Read more »

Thomas Briody
Thomas Briody answered on Apr 7, 2018

The penalty is up to a year in jail and counseling if you have no prior domestic convictions. You really need to engage a lawyer in private to discuss defenses or alternatives. Good luck to you.

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: I was involved in a domestic relationship when I was pregnant he put his hands on me and was controlling I never report

That was about 1 1/2 years ago and now he's. Sending me to court to see my daughter is it to late to report it I don't feel safe with him seeing my daughter

Thomas Briody
Thomas Briody answered on Apr 2, 2018

It’s not too late. But you need to consult with a family law attorney. If he is the father of your child, you stills have the right to mak the court aware of his behavior and to ask for limits or restrictions on visitation with your child. You should contact a lawyer ASAP. Good luck.

1 Answer | Asked in Domestic Violence for Rhode Island on
Q: I have an arrest warrant for a simple domestic that isn't true but I am already on personal recoginance

My girlfriend even told the cops that no assault occurred

Allison Abilheira
Allison Abilheira answered on Feb 5, 2018

The police can still charge you with a domestic violence crime even without the “victim” being on board, if they believe there is enough evidence. You should contact an attorney to coordinate your surrender and arraignment, as you could be held at the ACI as a bail violator if you are already... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Rhode Island on
Q: Theirs a visitation order in place for my daughter with her father he recently hit his gf in front of my child

Their has been other incidents as well of verbal

Abuse in front of her don’t know what to do she has came home scared and crying uncontrollably on numerous occasions I don’t want to send her till I can get a court date would I be held in contempt for keeping her away ?

Neville Bedford
Neville Bedford answered on Jan 11, 2018

Talk to the attorney you retained to file the motion that the court will hear. They will be most familiar with your specific facts to advise you.

2 Answers | Asked in Domestic Violence for Rhode Island on
Q: I had a loud discussion/fight with my wife at home.

Somebody called the police. They took me to jail. After 3 hours I paid $50 and they left me go because no one had bruises or signal of violence. They told me my wife didn't present charges but the city. Now I have to go to court with a Judge. What should I expect during this appointment. I cannot... Read more »

Allison Abilheira
Allison Abilheira answered on Jan 11, 2018

You should absolutely consult with and hire a lawyer. You are being charged with a domestic violence crime. Prosecutors and judges take these crimes very seriously and the penalties can include jail time, counseling, and the no contact order with your wife.

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1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Rhode Island on
Q: If one parent has not spoken or seen child for more than few months,can that parent stop other parent from taking child?

After few months of not contacting the child, can that parent stop other parent from taking child out of the country? Can one parent stop other parent from seeing the child from other country, if that parent cannot stay here? what if other parent has no job and cannot afford attorney to take to... Read more »

Neville Bedford
Neville Bedford answered on Nov 28, 2017

That's quite a few questions. Depending on the travel of your case and any orders now in effect, the answers will vary. Meet with a family court attorney in private to go over the documents and evaluate your options.

1 Answer | Asked in Family Law and Domestic Violence for Rhode Island on
Q: Need to find a pro bono lawyer that can defend the defendant with a R/O case

We have tried legal services and the volunteer lawyer program. We don't not have the money as we are in a fixed income please help thank you

Neville Bedford
Neville Bedford answered on Nov 22, 2017

Unfortunately, the demand for Pro Bono Legal services exceeds supply by profound proportions.

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: how to build a case for a restraining order in RI cant afford a lawyer
Neville Bedford
Neville Bedford answered on Oct 19, 2017

Work with the advocates at the courthouse. You may qualify for a no cost attorney from legal services. Good Luck.

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