Contact Us for a Free Consultation (401) 380-6724

Latest News

Understanding No Contact Orders in Domestic Violence Cases

Posted by Ken Barrett | Feb 02, 2018 | 0 Comments

In Rhode Island, domestic violence charges come with short-term consequences, and domestic violence convictions come with long-term consequences. One immediate consequence of domestic violence crimes in Rhode Island is the issuance of a No Contact Order. Understanding domestic violence charges and no contact orders from the moment of the charge is critical. Failure to understand the significance of a No Contact Order can have negative consequences.

No Contact Orders

When someone faces domestic violence charges in Rhode Island, courts automatically issue a “No Contract Order” between the accused and the alleged victim in the case. Many people argue this presumes the person's guilt, and unfairly punishes the accused. While it is true a person charged with a crime is presumed innocent under the law, it is also true that Rhode Island has decided, as a matter of public policy, No Contact Orders will be issued in all domestic violence cases.

No contact literally means no contact. If you are currently living with the alleged victim, you will be ordered to live elsewhere during the pendency of the case, at a minimum. Depending on how the case resolves, this order may continue long after the case resolution. If you have children in common, the courts will address that issue. The court may assign custody to your partner and may prohibit you from contact with the children. Even if allowed contact with the children, you may not send messages to the alleged victim through the children. A simple message: “Tell your mom I love her” is a violation of the order. While it may seem harmless to the casual observer, courts take this conduct very seriously. No conduct unequivocally means no contact.

The no contact order covers all forms of communication, from phone calls to text messages, from posts on Twitter to private messages on Facebook. You may not send messages through third parties, or leave notes on their car. Failure to observe the no contact order will result in additional criminal charges.

Courts only dismiss no contact orders before trial under certain specific circumstances. If an alleged victim wishes to have the no contact order lifted, he or she can make that request to the court. However, this is not the end of the process. A judge must agree that lifting the no contact order is the best course of action in any given case. In other words, a judge can deny the request to lift the no contact order.

Charged with a Domestic Violence Crime?

If you are charged with a crime of domestic violence, do not presume you can handle the matter yourself. Domestic violence cases come with short-term and long-term consequences. You need an attorney well versed in the law as well as common local practice. Let us act as your advocate as you face these charges. We carefully review police reports, video evidence, and audio evidence, evaluating the strength of the government's case. We communicate with prosecutors with an eye towards reducing negative consequences, both criminal and civil. Contact us for a consultation at (401) 380-6724.

About the Author

Ken Barrett

Rhode Island Criminal Defense Attorney If youve been arrested on a criminal charge in Rhode Island, you need the right criminal defense attorney. Contact us today to learn how we can help. No matter what criminal charge you are facing, having the right lawyer can make all the difference in reg...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Kensley Barrett

Our law firm was founded on the belief that working with us is more than just hiring a lawyer. Working with us will bring you peace of mind and also allow you to continue with your regular life while we attend to your legal matters. Our vast experience means that it allows us to excel in both aggressively representing your interests and generating the best possible result for you.

Attorney Kensley Barrett
Rated 5 out of 5
based on 47 Google+ Reviews.


Criminal Defense - DUI Defense - Domestic Violence Representation - Criminal Record Expungement Services

Office Hours:
Monday 7 am - 10 pm,
Tuesday 7 am - 10 pm,
Wednesday 7 am - 10 pm,
Thursday 7 am - 10 pm,
Friday 7 am - 10 pm,
Saturday 7 am - 10 pm,
Sunday 7 am - 10 pm


Office Locations:
127 Dorrance St, Providence, RI 02903
36 South County Commons Way, Unit C-3 Rear, South Kingstown, RI 02879
37 Bellevue Ave, Newport, RI 02840


DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should consult with an attorney for legal advice with regard to your situation. You may contact our law firm at your convenience for a free and confidential consultation to discuss your case. Reviewing the information contained on this web site and/or contacting us does not create an attorney-client relationship. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.