Rhode Island Domestic Violence Questions & Answers
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
Neville Bedford's answer
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.
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.
Q: How do I get my fiancé out of something that shouldn’t have happened and got arrested for domestic
Thomas Briody's answer
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 to you.
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 to you.
Q: Can someone have 2 NCO’s against the same person in the same state? This is in RI.
Thomas Briody's answer
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 information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several...
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 information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several...
Q: How do I find out if there is still a restraining order in place again someone charged with child molestation
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Rhode Island
on
Answered on Jun 11, 2018
Answered on Jun 11, 2018
Neville Bedford's answer
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/
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's answer
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 my answer helps. Good luck.
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 my answer helps. Good luck.
Q: Hello my father my grand farther We’re just involved in a domestic violence incident
Thomas Briody's answer
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 need to act NOW. Don’t wait and try to fix it yourself. Good luck.
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 need to act NOW. Don’t wait and try to fix it yourself. Good luck.
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's answer
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 consultation with a lawyer. Don’t try to explain it here. Good luck.
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 consultation with a lawyer. Don’t try to explain it here. Good luck.
Q: What is the max sentence you can get on a domestic simple assault and domestic disorderly conduct misdemeanor charges.
Thomas Briody's answer
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.
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.
Q: I was involved in a domestic relationship when I was pregnant he put his hands on me and was controlling I never report
Thomas Briody's answer
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.
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.
Q: I have an arrest warrant for a simple domestic that isn't true but I am already on personal recoginance
Allison Abilheira's answer
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 on PR in another case.
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 on PR in another case.
Q: Theirs a visitation order in place for my daughter with her father he recently hit his gf in front of my child
1 Answer
| Asked
in
Child Custody and Domestic Violence
for
Rhode Island
on
Answered on Jan 11, 2018
Answered on Jan 11, 2018
Neville Bedford's answer
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.
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.
Q: I had a loud discussion/fight with my wife at home.
Allison Abilheira's answer
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.
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.
Q: If one parent has not spoken or seen child for more than few months,can that parent stop other parent from taking child?
1 Answer
| Asked
in
Child Custody, Child Support and Domestic Violence
for
Rhode Island
on
Answered on Nov 28, 2017
Answered on Nov 28, 2017
Neville Bedford's answer
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.
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.
Q: Need to find a pro bono lawyer that can defend the defendant with a R/O case
Neville Bedford's answer
Unfortunately, the demand for Pro Bono Legal services exceeds supply by profound proportions.
Unfortunately, the demand for Pro Bono Legal services exceeds supply by profound proportions.
Q: how to build a case for a restraining order in RI cant afford a lawyer
Neville Bedford's answer
Work with the advocates at the courthouse. You may qualify for a no cost attorney from legal services. Good Luck.
Work with the advocates at the courthouse. You may qualify for a no cost attorney from legal services. Good Luck.
Q: saw judge to drop a no contact order as the victim - he was very intimidating / he denied my request;can i appeal?
Neville Bedford's answer
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.
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.
Q: My nephew is a recent college grad, job holder and has never been in trouble with the police. He was accused of domestic
Neville Bedford's answer
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.
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.
Q: Called the police on my boyfriend for kicking down my door. I did not give a statement & do not want him charged.
Neville Bedford's answer
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 institution for a period of time. Even if he doesn't get any hard time, you may find that he is potentially likely to commit a fourth offense, given the history and pattern evidenced here.
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 institution for a period of time. Even if he doesn't get any hard time, you may find that he is potentially likely to commit a fourth offense, given the history and pattern evidenced here.
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's answer
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.
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.
Q: My ex hasn't even started his domestic abuse classes for his probation. What happens if he doesn't complete them?
1 Answer
| Asked
in
Domestic Violence and Child Custody
for
Rhode Island
on
Answered on Feb 26, 2017
Answered on Feb 26, 2017
Neville Bedford's answer
He may be needing to talk to his lawyer soon if he is found to be in violation of the terms of his sentence . . .
He may be needing to talk to his lawyer soon if he is found to be in violation of the terms of his sentence . . .
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
