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Rhode Island Domestic Violence Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: saw judge to drop a no contact order as the victim - he was very intimidating / he denied my request;can i appeal?

Will I have to wait till after the Pre- trial Con?

Neville Bedford answered on Sep 6, 2017

To best present your case in the court, a licensed, experienced, practicing attorney is one means to make sure you get the matter properly before the judge.

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: My nephew is a recent college grad, job holder and has never been in trouble with the police. He was accused of domestic

violence by a former girlfriend. She contacted him to take a ride and "talk". She didn't like what he had to say (he had moved on and had another relationship) and began to throw things and hit him while he was driving. He held her wrist to keep control of the vehicle. Once at her car she called... Read more »

Neville Bedford answered on Sep 6, 2017

If he has an attorney, he will be well advised. Part of that advice may include a review of his right to remain silent and not discuss the matter in public, or in any manner that may damage his case. He should consult with his attorney privately to address these concerns.

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: Called the police on my boyfriend for kicking down my door. I did not give a statement & do not want him charged.

My boyfriend was previously arrested for domestic vandalism for kicking my car and for violating a no contact order as we were pulled over together a month later. A 3rd offense can really ruin his life and career and I would like case dismissed. What can be done? And what are the potential... Read more »

Neville Bedford answered on Jun 8, 2017

It may be time to find a new boyfriend. . . one without criminal record perhaps. One who respects you and does not need a restraining order. One who does not violate restraining orders and commit vandalism, maybe? If the state prevails, he may find himself a guest of the adult correctional... Read more »

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: I have an open domestic case with my sons father , now hes harassing my mother . what can I do to stop this .

Neville Bedford answered on Mar 30, 2017

Depending on the type of case, you may have various options. If your mother is being threatened with imminent bodily harm, she should seek a protective order. Speak with your attorney to discuss options available to you.

1 Answer | Asked in Domestic Violence and Child Custody for Rhode Island on

Q: My ex hasn't even started his domestic abuse classes for his probation. What happens if he doesn't complete them?

He has to complete 20 classes... it's already been 6 months since he was convicted. they offer classes once a week equaling 20 weeks. If he doesn't complete it in time of his one year probation, what happens to him? He pleaded nolo and they gave him 1 year probation and 20 DV classes.

Neville Bedford answered on Feb 26, 2017

He may be needing to talk to his lawyer soon if he is found to be in violation of the terms of his sentence . . .

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