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Rhode Island Domestic Violence Questions & Answers
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
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.

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.

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