Rhode Island Questions & Answers

Q: I'm in foreclosure; can the mortgage co. send my ex-wife a certified notice or would that be considered slander?

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Libel & Slander for Rhode Island on
Answered on Aug 19, 2017

If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.
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Q: Is there a time limit to filing a Motion for relief from final judgement in RI divorce? do I need to respond to motion?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Aug 19, 2017

Yes, under rule 60, there is a time limit if you are petitioning the court to vacate the prior Judgment. If, however, there is a post final motion for relief and it is unanswered, the risk of a default judgment is very possible. To clarify this answer, contact an attorney to review your particular documents and evaluate your options privately
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Q: My ex wife has filed a motion for Relief after Final Judgement of our divorce. Date of final judgement was 2/24/16

1 Answer | Asked in Divorce and Child Support for Rhode Island on
Answered on Aug 19, 2017

The law of your particular case will be found in your settlement agreement. If there are ambiguities that may be argued in your favor, go over these with your attorney. If you do not have an attorney, that is the first matter you should address. Issues of child support, parenting, and custody remain in the jurisdiction of the family court until the children are emancipated.
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Q: Will a judge accept the 3 year clean record if I was a month away from 3 years clean?

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Aug 15, 2017

In that situation I believe that it is worth the shot. While you may not be technically eligible for application of the Good Driving Statute, they Prosecutor and the Judge may give you some leeway since you are so close. As always, your best bet is with an experienced traffic court attorney by your side advocating for your.
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Q: If someone can't afford the price of the speeding ticket they got are they able to work it off with community service?

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Aug 5, 2017

Unfortunately, the Rhode Island Traffic Tribunal does not exchange community service in lieu of court fines and court costs.
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Q: My ex posted explicit photos of me online without my consent. Can I report him for any revenge porn crimes?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Aug 4, 2017

Likely yes. You may want notify the site where they are hosted as well.
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Q: What can a person be charged with for having sex in a car in a public park in Rhode Island?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Aug 4, 2017

§ 180-1 Disturbing the peace.

Every person who shall revel, commit any nuisance or mischief, quarrel or otherwise behave in an indecent or disorderly manner in any of the public buildings or places to which the public is admitted, halls, railroad stations, places of amusement, churches, schools, streets, highways, public bridges, public lands, burial grounds, public parks, or grounds set apart for public purpose, to the disturbance or annoyance of the peaceable inhabitants of the Town...
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Q: Are people required to pick up their dog's poop when walking through neighborhoods?

1 Answer | Asked in Animal / Dog Law for Rhode Island on
Answered on Aug 4, 2017

http://www.health.ri.gov/healthrisks/petwaste/
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Q: Interstate or Foreign Support Orders & Accrued Interest Owed to the Parent

1 Answer | Asked in Child Support for Rhode Island on
Answered on Aug 4, 2017

It may have been as simple as a data processing oversight. That is a substantial amount past due. Hopefully, you have retained competent counsel to ensure the interest is properly perfected.
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Q: If orders are filed by attorney of opposite party, and I am pro se, how do I obtain a copy of the orders

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Answered on Aug 4, 2017

There are copies available on the court web portal.
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Q: I have moved from one my apartment bldg into a smaller one that's was cheaper, same landlord. Since we asked for the 200

1 Answer | Asked in Contracts and Landlord - Tenant for Rhode Island on
Answered on Aug 3, 2017

Well...if you don't have a written agreement, then what you technically have is a month-to-month lease...and what the rent is supposed to be is admittedly a bit of a mystery, but at worst, it's the rent from your old/other apartment. Typically that would be decided by the history of what you had been doing before...but since you actually moved to a smaller apartment, it seems reasonable to argue that you would pay a reasonable amount less. But assuming that you and the Landlord agreed that...
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Q: My lease ended in Rhode Island however the landlord is selling the house and now I'm month to month until they decide.

1 Answer | Asked in Contracts and Landlord - Tenant for Rhode Island on
Answered on Aug 3, 2017

The shortest, best answer is..."it depends on the terms of the Lease Agreement." But based on your question, I suggest that the answer is, "probably not." Let me clarify a few points, though: First, as you know, many State statutes permit landlords to charge both a "Security Deposit" and request that the last month's rent be paid in advance...and the rules for each of those tend to differ. Typically, Lease Agreements don't permit the Security Deposit to be used as a payment for the last...
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Q: Do I have a right to have my lawyer present during a blood-alcohol test?

1 Answer | Asked in DUI / DWI for Rhode Island on
Answered on Aug 3, 2017

NO. Police follow an old U S Supreme Court case, Schmerber, that says officers need not delay for such things, for an implied consent test, due to the evanescent nature of alcohol being processed by the human body.
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Q: My 17 yr old was given a summons for speeding.... what does this mean? Will his license be suspended?

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Aug 1, 2017

If he is 17 years old then he will not be able to use his good driving record. A good driving record requires no moving violations within the past 3 years and he has not been licensed for a full three years at this time.

Given his age and that he was ticketed going 30 mph over the speed limit, there is a realistic possibility that the Traffic Court could seek to suspend his license. Moreover, even if he simply pays the fine he (and you) will be looking at substantially increased...
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Q: If I was pulled over for speeding in RI, and I'm from MA, can I pay the ticket online?

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Jul 27, 2017

No, currently you cannot pre-pay your ticket online. You can pay the ticket by mail with a check and you can attempt to call the Rhode Island Traffic Tribunal (401-275-2700) with your ticket number and pay it by phone. The State is upgrading the computer system and you may be able to pre-pay online in the future.
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Q: Pulled over told my license was suspended for failure to pay a ticket from 1993. What should I do

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Jul 26, 2017

Retain an attorney to assist you in getting this resolved.
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Q: My landlord is claiming he didn't know I lived there, but returned contact. Does this establash the law of acknowledge?

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on Jul 25, 2017

Take a good look at the lease. Does it permit subletting? Do you have one? You may have to take your roommate to small claims court if they defrauded you by renting you an apartment they did not have any right to rent to you.
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Q: Hi, how do I go about fighting a neglect charge through dcyf?

1 Answer | Asked in Family Law for Rhode Island on
Answered on Jul 25, 2017

If you are not satisfied with your court appointed lawyer(often, some of the most experienced attorneys in this area), You are free to retain private counsel to assist you. If the facts are against you and the investigation yielded sufficient information to indicate a finding of neglect, you may well still be found guilty of neglect. Speak with your lawyer directly about your concerns for the possible impact of a confidential finding in person.
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Q: In a divorce, can the estranged spouse be the witness to residency? Is there an alternative to bringing a witness?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jul 25, 2017

Yes, there are many other details that may cause delay if you continue Pro Se. Consider hiring an experienced RI Family Court Divorce attorney to ensure you complete the process correctly and without delay.
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Q: My sons father has been out of the country since my son was born 13 years ago. can I get Child support?

1 Answer | Asked in Child Support for Rhode Island on
Answered on Jul 25, 2017

Generally, child support is prospective from the time you open the case except in certain circumstances where there is a question of paternity. Consult with any of our fine Rhode Island Family Court attorneys to explore your options.
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