RI dog bite lawyer

The RI Supreme Court Upheld the “One Bite Rule”  otherwise known as the “One Free Bite Rule” for Dogs within enclosures. In Dubois v.  Quilitzsch, The RI Supreme Court  upheld the so called one free bite rule.  The top court declared, “If injuries are suffered within an owner’s enclosed area, the strict-liability statute does not apply, but rather the common law continues to apply and dictates that the plaintiff first must prove that the defendant knew about the dog’s vicious propensities, a  requirement commonly known as the ‘one-bite rule,’ If injured by a dog in Rhode Island , contact a  Rhode Island dog bite lawyer.

RI Court refuses strict liability for  dog bite within an enclosure

The Rhode Island Supreme Court reasoned “Had the General Assembly wished to expand liability for incidents occurring within enclosed areas, it could have done so when enacting the strict-liability statute pertaining to incidents outside of enclosures, or at any later time, but it has not. As recently as 2003, in Montiero, 813 A.2d at 982, this Court declined to create a species-specific standard of care pertaining to dog bites, noting that the issue “is a policy matter that is better left to the [L]egislature.” We continue to be of the opinion that any modification to our dog-bite law is best left to the General Assembly.”

Rhode Island dog bite lawyer

The numbers of drunk driving injuries and fatalities are beyond startling. They’re frightening. According to the Centers for Disease Control and Prevention, about 30 people die every day in motor vehicle crashes involving drivers who had become impaired by alcohol consumption. That’s a death about every 51 minutes. Every two minutes, somebody is injured in a drunk driving accident. In 2013, the Federal Bureau of Investigation concluded that about 300,000 people drive drunk every day. It found that only about 4,000 per day were arrested.

Rhode Island drunk driving accident victim lawyer

Drunk driving statistics for 2014 were released by the National Highway Traffic Safety Administration (NHTSA) in the last quarter of 2015. As per the NHTSA, there were 9,967 deaths involving alcohol impaired drivers in 2014. Those fatalities accounted for an astounding 31 percent of all traffic fatalities. The scary fact is that the final numbers aren’t in yet for 2015, but the NHTSA says that deaths from alcohol impaired drivers in 2015 are up by 8.1 percent.

The criminal case against the drunk driver

If the drunk driver is caught by law enforcement, he or she will face a criminal prosecution. It’s unlikely though that a criminal prosecution will bring you the compensation for your injuries or the loss of a family member. You’ll need to file a civil case.

The civil case against the drunk driver in Rhode Island

The civil case against a drunk driver is entirely different than a criminal prosecution. The civil courtroom is where you bring your case for damages as a result of the wrongful acts of the drunk driver. Damages might consist of but not be limited to:
• Past and future medical bills
• Past and future lost earnings
• Pain and suffering
• Permanent disability
• Permanent disfigurement
• Funeral and burial expenses
• Punitive damages

The civil burden of proof in Rhode Island

In the criminal case, the prosecution must prove the drunk driver guilty beyond a reasonable doubt. In a civil case, the burden of proof is lower. You need only prove your case by a preponderance of the evidence. Drunk driving accidents in providence are preventable because people choose to get behind the wheel after drinking. We’re experienced, aggressive, successful but compassionate. Victims of drunk driving crashes deserve to be fairly compensated.

Article authored by a Rhode Island drunk driving accident lawyer. According to the Centers for Disease Control and Prevention, 28 people die every day as a result of alcohol-impaired driving. This figure translates to one death in every 53 minutes. Alcohol-related accidents also take a huge toll on the economy, costing the taxpayers more than $44 billion annually. Over the years, the government has employed stringent measures to reduce the death toll from impaired driving.

If you were injured as a result of a reckless drunk driving accident, you need to retain a top Rhode Island personal injury lawyer to hold the criminal tortfeasor accountable  and liable for their reckless and destructive conduct. A RI personal injury lawyer who is also a Providence drunk driving accident attorney will get the injured victim justice as a result of the drunk driving crash.

Rhode Island drunk driving accident victim injury attorney

Drunk driving accident

Driving while impaired is considered a criminal offense. A DUI charge is issued to a driver who is caught driving with a blood alcohol concentration (BAC) of 0.o8% or more.  A Drunk driving charge in Rhode Island and Providence plantations can be supported by visual evidence of impairment without a breathalyzer test.  In Rhode Island  a persons under the age of 21 can be charged with a DUI offense for a lower amount of alcohol. DUI convicts can face jail time, hefty fines and a license suspension. If you or a loved one has been victims of an accident as a result of drunk driving, you should seek recourse from the law. Seeking representation from a RI personal injury attorney who is also a Providence car accident attorney is wise. These Rhode Island drunk driving accident lawyers can help you get fair compensation for the damages and injuries incurred in an accident.

§ 31-27-2 Driving under influence of liquor or drugs.

“(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subdivision (d)(3), and shall be punished as provided in subsection (d).

(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.” TITLE 31 Motor and Other vehicles CHAPTER 31-27 Motor Vehicle Offenses SECTION 31-27-2

There are several ways in which alcohol can increase the risk of accidents

Alcohol slows you down. Alcohol has a significant effect on the body’s response mechanism. For starters, it slows down your brain, and this makes you more prone to causing accidents. In addition to this, alcohol can:

• Cause drowsiness
• Affect your ability to reason properly
• Slow down your reactions
• Affect your concentration ability
• Offset your sense of balance
• Impair your vision
• Give you double vision
• Reduce your night vision ability
• Give your blurred vision

impaired drivers very dangerous on the roads

As evidenced, these risk factors make impaired drivers very dangerous on the roads. They are not just a risk to themselves but other drivers and pedestrians. The injuries suffered in an accident can have far-reaching consequences. This is why you need to seek representation.

Rhode Island drunk driving accident attorney

Personal injury cases are often characterized by confusing legal procedures and medical terms. There is also so much paperwork that needs to be correctly filled. When you have suffered an injury, you will not be in the right frame of mind to deal with the red tape that often typifies injury cases. A qualified personal injury lawyer can help you navigate the process. The experience and knowledge of the law of these lawyers can work in your favor and help you secure the compensation you deserve.

Fatal drunk driving accident in RI

If a loved one, spouse, family member or child was killed in a fatal drunk driving accident than the family must retain a Rhode Island personal injury lawyer who is also a RI wrongful death attorney. A Providence wrongful death lawyer will be an expert in RI wrongful death laws as well as familiar with wrongful death lawsuits in Providence Superior Court.

The facts of a fatal drunk driving cause of action in RI

Maureen O’CONNELL, et al.v. William WALMSLEY, et al.v. Tapco, Inc., et al.”The tragic facts of this case emanate from a horrific automobile collision that occurred at approximately 10:30 p.m. on Sunday, March 9, 2003, in the Town of Coventry, Rhode Island. Earlier that evening, a group of young friends, Brendan O’Connell Roberti (Roberti or decedent), Jason Goffe (Goffe), Michael Petrarca (Petrarca), Frank Paolantonio, Jr. (Paolantonio), Erin Grant (Grant), and Derek Zisk (Zisk) met at Shooters, a pool hall and bar located on Cowesett Avenue in West Warwick. The friends remained there for a few hours, playing pool and enjoying a few rounds of drinks; at around 10 p.m., they decided to depart and travel to Zisk’s house, located off of New London Turnpike in Coventry.”

Rhode Island drunk driving accident

“The group left the pool hall in three separate vehicles. Petrarca, who drove a commercial Ford F350 truck with Paolantonio as his passenger, turned left out of the parking lot onto Cowesett Avenue. Goffe followed in his Toyota Corolla, accompanied by Roberti in the passenger seat. Finally, Grant, traveling with Zisk, drove the last vehicle out of the parking lot, and remained—at all times—behind the other vehicles.”

“According to the occupants of Petrarca’s truck, moments after leaving the Shooters parking lot, Goffe increased his speed, crossed the center line of the two-lane road, and passed the truck on the left. The Toyota then returned to the correct lane of travel and continued traveling at a speed of between forty and fifty miles per hour to the end of Cowesett Avenue; both vehicles then turned left onto Main Street and continued toward New London Turnpike, with Goffe’s Toyota still ahead of the truck. After traveling approximately one-half mile, the vehicles were required to turn left and proceed around a triangular median, in order to access New London Turnpike. Petrarca avoided this route, however, by making an illegal turn onto a one-way street and passing the Toyota on the left, thereby regaining the lead as Goffe made a legal left turn onto New London Turnpike. Petrarca testified that he made this fateful maneuver “as a joke,” however, he agreed that at this point, “it was getting a little crazy.”

New London Turnpike into Coventry

“The vehicles continued west on New London Turnpike into Coventry; the road was straight with intermittent hills and dips. Although Grant continued to follow the Petrarca and Goffe vehicles, she testified that when she realized that she was traveling at about fifty miles per hour, she slowed down and saw the other vehicles speed away. According to Grant, it appeared that the two cars were racing because “they were about even with each other driving [in] the same direction,” with Goffe’s vehicle on the left side of Petrarca’s truck, facing oncoming traffic. A dip in the road caused Grant to momentarily lose sight of the two vehicles; however, when they reappeared she saw headlights approaching from the opposite direction and watched as Goffe’s vehicle swerved 63*63 into the westbound lane in front of Petrarca’s truck.”

“Petrarca testified that he was traveling around fifty miles per hour in the westbound lane when he looked out the driver’s side window and saw Goffe’s vehicle alongside his truck, traveling in the eastbound lane. His passenger, Paolantonio, saw headlights approaching from the opposite direction, “probably a lot more than” 500 to 800 feet away. He advised Petrarca to slow down. Petrarca complied and allowed the Toyota to pass; however, according to Petrarca, Goffe passed him “like I was standing still”; he estimated Goffe’s speed to be around seventy miles per hour. Petrarca testified that Goffe’s vehicle reentered the westbound lane a few seconds later, at which point Petrarca first noticed the headlights of a vehicle approaching from the opposite direction. Petrarca saw the Toyota’s brakes applied momentarily before the car “sh[ot] right back into the oncoming traffic lane” at an angle, as if the car was turning left.”

“Paolantonio testified that the Toyota “was already on an angle” when it reentered the westbound lane and that after Goffe passed his truck, he “never had control of the vehicle.” According to Paolantonio, the distance between Goffe’s vehicle and the approaching headlights was “a lot more than” 300 feet when the Toyota began to spin out of control. Goffe’s vehicle then turned into the opposite, eastbound lane at a 180-degree angle when the front end of a vehicle driven by William Walmsley (Walmsley or defendant) collided with the passenger side of the Toyota. Neither Petrarca nor Paolantonio saw Walmsley brake or slow down, leave his lane of travel, or otherwise make any attempt to avoid the accident. Significantly, Paolantonio testified that Walmsley “probably could have braked * * * because he could have seen [Goffe] spinning out of control long before that.”

“As a result of the accident, twenty-year-old Goffe^[1] and twenty-two-year-old Roberti were pronounced dead at the scene. Walmsley and his passenger, Brenda Chandler (Chandler)—who was Walmsley’s fiancee at the time, and who had fallen asleep before the collision—were both seriously injured and taken to the hospital. There, Walmsley’s blood was drawn, revealing a blood alcohol level in excess of the legal limit. Walmsley later testified that, at the time of the collision, he and Chandler were returning home from the Mohegan Sun Casino (casino), where they had spent the afternoon eating, drinking, and gambling. Walmsley testified that he had consumed between two and five beers at the casino, but denied that he was in any way impaired by alcohol consumption. Walmsley estimated that he was traveling thirty-five miles per hour and stated that the last thing he remembered was traveling down a hill.^[3] Although Walmsley testified that at no point was his view of the road obstructed, he admitted that he did not see Goffe’s vehicle or any other headlights before the collision, nor did he apply his brakes or take any evasive action to avoid the accident.”  93 A.3d 60 (2014) Maureen O’CONNELL, et al. v.William WALMSLEY, et al. v. Tapco, Inc., et al. No. 2011-199-Appeal. Supreme Court of Rhode Island. June 23, 2014. Gregory S. Inman, Esq., Coventry, for Plaintiffs. David E. Maglio, Esq., Providence, for Defendants. Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Workers comp lawyers in RI

If you have been involved in a work-related accident in Rhode Island and suffered injuries, you have likely filed a workers’ compensation claim. The amount of funds you received probably covered your time away from work and the cost of ongoing medical expenses. However, there are often available options to file claims for additional compensation above the minimal pay obtained through workers’ comp. It is important that a victim find the best workers compensation lawyer in Rhode Island.

RI workers compensation

In many incidences, when employees are hurt in an accident on the job, they often assume they will be protected by the law and fairly compensated for their losses. Unfortunately, the amount of funds obtained through workers’ compensation are usually only enough to pay for medical bills and lost wages. In many incidences, injured victims receive minimal benefits that are often not adequate enough to support their family as they heal. However, there may be additional benefits available through filing a claim against third parties that might also be responsible for your injuries. Only a skilled Rhode Island personal injury attorney can determine that for sure.

Filing Additional Claims over and above Comp

If your work site injuries were caused by the negligence, abuse or reckless actions of parties other than your employer, you are likely entitled to file a third party negligence claim in Providence Superior Court. Third party liability happens when a Rhode Island worker is injured while performing their job or suffers from a job-related illness. If people or entities other than your employer caused your injuries, you can likely file a claim against them for compensation.

Rhode Island workers compensation lawyer

Filing a third party claim over an accident occurring while working might involve negligence by subcontractors, contractors, vendors or other companies. If so, you can file a claim in Rhode island courts against all responsible parties to obtain full financial recovery over and above your workers’ compensation benefits. This is advantageous because workers’ compensation in RI does not pay for pain, suffering, anxiety and other compensatory damages. If the negligence was egregious, a Rhode Island personal injury attorney might be able to fight for punitive damages as a way to punish those that caused you harm. Be careful some, RI workers compensation paper pushing lawyers are not experienced in handling the complexities of a negligence cause of action in Providence Superior Court.

Third party negligence lawsuit

The Need for a Rhode Island workers compensation Attorney who also litigates third party negligence causes of action. Handling your third party claim can be a complicated process that often requires the skills of a competent Providence personal injury attorney who specializes in work-related accidents. Many times, defendants in a third party claim will point fingers at employers or other entities as a way to avoid paying compensation to the victim.

Skilled personal injury attorneys in Rhode Island will use state tort law to build a solid case for compensation in a successful third party claim. The RI personal injury lawyers will investigate the claim to hold everyone at fault accountable for your injuries. A RI workers compensation attorney might be able to determine the potential of your claim by proving:

• Your Driving Accident Involved Other Parties – A RI car accident attorney might show that your injuries are the result of a vehicle accident occurring while you were working. This could mean you could file additional claims against the insurance policy of the other drivers involved in the accident. You might also be able to file a claim against an automobile manufacturer if it is determine the accident was caused by a defect.

• Other Contractors Caused Your Injury – It might be that your construction site or work site accident involved a slip and fall because other contractors failed to maintain a clean work environment.

• Other Parties Caused Your Work-Related Illness – If you are suffering from a work-related illness like mesothelioma caused by exposure to asbestos or other hazardous materials, you might be able to file a claim against property owners, building contractors or others.

• Defective Machinery Caused Your Injuries – If your injuries were caused while using defective machinery, you are likely entitled to file a claim against the equipment manufacturer or leasing company if the machinery was rented.

Filing a third-party claim against all responsible parties might be the only opportunity you have to seek justice. It is essential to hire a skilled Rhode Island workers compensation lawyer who can handle your case.

Rhode Island expungement lawyer

This expungement law article concerning sealing dismissals was authored by a Rhode Island expungement lawyer. Wrongly accused defendants should expunge / seal all criminal offense dismissals and not guilty after trial  verdicts in Rhode Island! All dismissals and not guilty verdicts in Rhode Island should be expunged! This includes both felony and criminal Misdemeanor dismissals in RI. All criminal records are bad records! Expungement is the process in which criminal records are either destroyed or sealed. Essentially an expungement erases criminal records for most purposes.

Rhode Island expungement lawyer

Divorce and criminal law in RI

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a criminal case, a complaint protection from abuse and a divorce.  There also may be a DCYF, child support case, paternity  proceeding or juvenile proceeding pending. This article applies to misdemeanor criminal charges.

Domestic misdemeanor in RI

A misdemeanor is considered domestic if it involves certain family member, a spouse, girlfriend or boyfriend.  An assault, disorderly conduct, larceny and other criminal charges can all be charged as domestic offenses. Therefore, if there is a domestic violence component to an assault case, the case will be charged as a domestic assault rather than just an assault.

In the event that a person is charged with a domestic offense, a no contact order will issue. The No Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other. A no contact order often reeks havoc upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family. Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.

The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc. Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.

This article addresses the above mentioned complex issues and answers the following questions:

Should I get a  Rhode Island Criminal  lawyer  or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?

An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law, the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.

What is the difference between a domestic offense and a non domestic offense?

Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a  sentence of filing, probation or suspended sentence must take batterers intervention classes. If found guilty of a domestic offense or if there is a plea bargain then a no contact order will enter automatically unless the victim is able to drop the no contact order.

A second conviction for a domestic offense in Rhode Island may lead to a minimum ten days at the aci! A third conviction for a domestic offense may be charged as a felony. Keep in mind that not all plea agreements constitute a criminal conviction. In RI any sentence with a suspended sentence,  guilty finding, plea of guilty, fine or period of incarceration constitutes a criminal conviction. A nolo contendere plea  with probation or filing with court costs does not constitute a conviction in Rhode island! A domestic conviction also will looks worse then a non domestic conviction on the accused’s record when seeking employment opportunities.

Also, sentencing is usually more harsh for domestic cases then a non domestic offense. Furthermore, in domestic cases a one year filing cannot be expunged at the end of the year. There is an additional two year waiting period to expunge a domestic filing. Please see my other article concerning Rhode Island misdemeanors for a comprehensive explanation of a one year filing in Rhode Island.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterer’s intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes, failure to pay restitution or failure to attend counseling could be considered a violation of probation, suspended sentence or a filing.

What is a no contact order?

In Rhode Island, A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street. A person can be arrested under Rhode Island law for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Dropping / dismissing the no contact order

The police cannot drop a no contact order. Only a judge can drop a no contact order. The victim can attempt to drop the no contact order at the arraignment. Prior to approaching the judge at the arraignment, the victim must speak with the domestic violence counselor at Court. The judge may dismiss the no contact order at the arraignment.

However, in the event that the alleged abuse is severe or there is a documented history of abuse then the judge may refuse to drop the no contact order. The no contact order may not be dropped by the judge if the victim states that she is still afraid of the accused.  It is much easier to drop the no contact order  at the pretrial hearing then it is to drop it at the arraignment. Some judges are hesitant to drop the no contact order at the arraignment. The judge will typically ask the police who are present at the arraignment whether they have any objections to the no contact order being dropped

Can the victim dismiss the no contact order after the arraignment but before the pretrial conference?

In the event that the victim wants to drop the no contact order after the arraignment but before the pretrial the victim can go to the clerk and ask that the file be brought in front of the judge. After conferring with the domestic advocate the judge will rule on whether the no contact order will be dropped.

Can the no contact order be dropped at the pretrial conference?

The victim who wants to cancel the no contact order will have another opportunity at the pretrial conference. The pretrial conference is typically scheduled a couple of weeks after the arraignment. At the pretrial conference, the victim can approach the judge and again seek to have the no contact order dropped

Will the criminal judge in District Court resolve visitation or custody issues?

No.

The criminal Court will not get involved in any family related issues such as child custody, child support, alimony ,paternity, relocation out of state, equitable division of marital property, visitation, payment of marital bills, payment of mortgage, payment of credit cards, disposition of the marital real estate, etc.  Those issues are the province of the Rhode Island Family Court not the District court !The District Court is where criminal  misdemeanor cases are heard.

The Court has the power to order restitution to the victim for any actual damages suffered by the victim as a result of the crime such as destruction of property, medical bills, stolen funds etc.

The District Court in a criminal case cannot be involved in setting visitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

Obtaining personal belongings (property) when there is a no contact order.

There are several proper ways for an accused to obtain his / her personal belongings when there is a no contact order in effect. Personal belongings usually consists of personal property such as clothes, sneakers, uniforms, personal effects etc.  The accused can contact the police department where the victim resides and seek to make arrangements to pick up personal belongings. The police will often escort the person to the home. The downside of this arrangement is that the police often are in a rush and enforce a severe draconian time limit.

If the accused has a private attorney, he can contact the victims attorney who can contact the victim to make arrangements . This can have its pitfalls because  the victim may be hostile  or  the victim may have no interest in negotiating The accused can attempt to arrange to get his belongings through a third party. The accused must be careful not to violate the no contact order.

When does a no contact order in Rhode Island (RI) expire?

A no contact order expires when the sentence period is finished. A no contact order also expires if the case is dismissed or the defendant is found not guilty. The no contact order expires if the judge terminates the no contact order at the request of the victim.

Be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order!

What happens if a person on bail, probation, filing or suspended sentence violates a no contact order?

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order.

A violation of a no contact order is a crime in itself which is also a violation of the conditions of probation, filing or bail . A person on probation or bail can be held at the ACI if they are accused of violating a no-contact order. For example, if a person is on probation or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI.

A probationary period  or filing period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode Island Family Court or restraining order in effect. A violation of a no contact order or a Family Court restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI.  As a result of a probation violation of violating a no contact order,  a person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with probation may get themselves deeper into trouble when they resume communications or contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

Rhode Island Family Court restraining orders: (1) Complaints Protection from Abuse and (2) ‘Civil restraining orders’ and how they relate to criminal law

A defendant must Be careful! There may be a separate order protection from abuse restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse. The Family Court has jurisdiction to issue  an  order protection from abuse restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

A protection from abuse case is not a criminal case. Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing. There are two types of Family Court restraining orders, “Complaint Protection from Abuse” and a civil restraining order. Both of these types of Restraining orders can be in addition to divorce proceedings.

Is Violating a Family Court restraining order which is not an order protection from abuse a crime?

No. A violation of a  Family Court restraining order which is not a Complaint Protection from Abuse is  not a crime. Violation of this type of order is punishable by contempt. However, If the restraining order contains language that violation of the order is a crime then there might be criminal implications.

Civil restraining orders are not nearly as effective as Complaint Protection from Abuse restraining orders. Civil Restraining orders are typically part of a divorce.

In a complaint protection from abuse case in Rhode Island can the Court get involved in child custody, visitation and child support.

Yes. In a Complaint Protection from Abuse case, the Family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to surrender possession of all firearms / guns to the Police department.

Is a violation of a Rhode Island District Court  abuse Restraining order a crime?

Yes.

When should a Restraining orders  be filed in District Court?

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum.

If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court.  A restraining order against a current roommate can be filed in District Court.

RI Superior Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.

What is the difference between a restraining order and a no contact order?

A no Contact order is an order issued as a result of a criminal charge. A no Contact order issues at an arraignment either at the police station or at Court. Violation of a no contact order is a crime in itself and may constitute a violation of Probation or a filing. A no contact order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence. A Restraining order stays in effect until the date designated on the restraining order. A Restraining order will stay in effect even if the defendant is found not guilty or the criminal case is dismissed.

If there is a no contact order protecting me should I also obtain a restraining order ?

It Depends. A no contact order expires when a case is dismissed; a person is found not guilty or after any sentence expires. The No Contact order will expire when a probationary period or filing or suspended sentence is over. If you feel you need protection in case the no contact order expires and are in fear of the person then you may consider seeking a restraining order in addition to the no contact order. If there are issues concerning child support and visitation then you may want to seek a restraining order in addition to a no contact order!

Resolving issues concerning custody and visitation of children as well as divorce and family related matters when a criminal case is pending:

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations may occur at the Providence Family Court or may be supervised by a third party.

Can the defendant testify in The Complaint protection from abuse hearing when he or she has a pending criminal charge?

This is an important determination for the defendant. The defendant must consult with his / her attorney and weigh the pros and cons of testifying in the hearing. A defendant in a criminal case has the right to take the Fifth Amendment and not testify in the case. A defendant in a complaint protection from abuse case must be careful because any testimony in the abuse case can be used against the person in the criminal case. The defendant can seek to continue the abuse case until the criminal case is resolved.

What County in the Rhode Island Court system will criminal law and divorce cases be heard?

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures.   Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, Woonsocket and other towns and cities. Kent County includes Warwick &  North kingston, East Greenwich as well as other towns. Newport County includes  Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, criminal law, restraining orders, child support, custody and visitation. David has been practicing for over 25 years and is licensed in Rhode Island and Massachusetts. Free initial consultations. Credit Cards Accepted.

Rhode Island Attorneys legal Notice per  RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers  in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

Justice of Peace / Bail Commissioner

Arraignment in Rhode Island

What exactly is a one year filing in Rhode Island and what are the implications of accepting a filing? In a filing, the case is put aside for a year and if the person stays out of trouble for that year then the case is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble then the filing may be violated and the person sentenced again on the filing. An accused should either hire a criminal lawyer or if they are eligible contact the R.I. Public Defender.

Who gets a filing in RI

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders for low level offenses. A filing is a penalty that is offered for first time offenders for relatively minor misdemeanors. It is is the lowest form of penalty available and is always better than probation

Expungement of filings

Do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office, and the local police department that pursued the charges. A plea of nolo contendere with a filing is never a conviction in Rhode Island. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact a Rhode Island Criminal Law attorney to determine whether a criminal record can be expunged.)

Stay out of trouble

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person’s record after the year.

Pursuant to Rhode Island law, Domestic cases such as domestic assault, domestic vandalism and domestic disorderly conduct can not be expunged for (3) years.

What types of filing are there in Rhode Island (RI)

There are two types of filings, not guilty filings and nolo contendere filings.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.***

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (*** unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) If there is a new charge, a person can be violated for the filing and in addition be charged with a new crime. There are various conditions that can be put on a filing including alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

What happens if a person violates his or her filing?

If a person is arrested for a new offense while on a filing, the person is subject to being held at the aci for up to 14 days as a violator of his filing. When a person is arraigned for a new offense during the filing, the state will usually inform you that you either admit to the new offense and take probation or you will be held at the aci for up to 14 days prior to a hearing! A person who has a filing must be very careful! A new offense during the filing period in all likelihood means that a person will spend 14 days at the aci (jail) without the benefit of a hearing on the merits.  In other words even if the person is innocent of the new offense, he or she could still spend up to 14 days in jail! This is extremely unfair and wrong but nevertheless it is the law in Rhode Island.

If the case is a domestic case or other case such as an assault and battery then a no contact order may be issued in favor of the victim when you accept the filing. A violation of the no contact order when on a filing will constitute a violation of the filing as well as a separate criminal offense and may lead to jail time at the aci.

Not guilty filing

*** A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo plea in Rhode Island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges. What is the difference between a guilty plea and a nolo contendere plea in RI? There is a huge difference!

What is a criminal conviction in RI

A guilty plea is always a criminal conviction under RI law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo may not constitute a criminal conviction. It is only a conviction in RI if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

Is a nolo plea a conviction in Rhode Island

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law. However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdemeanor plea agreements in Rhode Island should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!