Violation of a No Contact Order in Rhode Island
Domestic Violence Defense in RI
According to Rhode Island law, a "no contact order" is an order that prohibits contact between an individual who has been criminally accused, arrested, or convicted for domestic violence and the person who is making the allegations against t. Violation will result in a misdemeanor punishable by up to 1 year in jail, up to $1k in fines, and/or completion of a batterer's intervention course.
When a person charged with a crime involving domestic violence has a no contact order, they are prohibited from contacting the complaining witness directly or indirectly. A person charged with a domestic violence crime in Rhode Island will not be able to use any social media such as Facebook, Twitter, or LinkedIn to contact the complaining witness nor will they be able to use a third-party such as a family member or friend to contact the complaining witness.
Important things to remember regarding no contact orders in Rhode Island include:
- Any contact or attempted contact with the complaining witness by the person charged with the domestic violence crime will result in a new criminal charge of violation of a no-contact order.
- No contact orders work one-way, they stop the person charged with the domestic violence crime from contacting the person bringing the charges but not the other way around.
- The person who is alleging the domestic violence crime can contact or attempt to contact the accused as much as they want to without being subjected to criminal penalties.
The firm knows the Domestic Violence Prevention Act that governs violation of a no contact order crimes in Rhode Island. Violation of a no-contact order crime can be charged as misdemeanors or felonies. A person can only be charged with violating a no contact order if they have been issued a no-contact order associated with a domestic violence crime or have been served out of the family court. The only difference between a misdemeanor violation of a no contact order and a felony violation is the number of prior domestic violence convictions on the arrestee's criminal record. Anyone with at least two prior domestic violence convictions on their record will be charged with a domestic violence felony for any subsequent domestic violence criminal charge.
No Contact Order Violation Defense in Rhode Island
Usually, when a person is arrested and charged with a domestic violence crime in Rhode Island such as domestic assault or domestic disorderly conduct, a no contact order will issue. If a domestic violence allegation is made to the police, and the person against whom it is made is arrested, that person will be brought to the police station. At the police station, a Justice of the Peace will be called in order to perform the police station arraignment. Usually once a person pleads not guilty to a domestic violence crime at the police station, they sign a no contact order and are released with a date to appear in the district court.
If you have a prior domestic violence offense on your record, you should try to expunge or seal it right away so that it does not count against you if you get arrested for another domestic violence crime. If you received a filing on a domestic violence criminal charge, then you must wait at least three years to have it sealed and erased from your record. If you received one-year probation on your first domestic violence criminal charge then you must wait at least six years to have it expunged from your record.
Our Rhode Island domestic violence attorney has extensive experience with violation of a no contact orders and has been aggressively defending the rights of his clients for years. If you, a family member, or friend has been charged with a domestic violence offense such as violation of a no contact order, contact The Law Office of Thomas C. Thomasian, Esq. today to set up a free consultation. Tom and his firm are available to his clients charged with domestic violence crimes such as violation of a no contact order in Rhode Island and Massachusetts 24/7.
Check out some of our recent victories and call The Law Office of Thomas C. Thomasian, Esq. today at 401.312.4385.
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