Newport Rhode Island Domestic Violence Lawyer
Rhode Island has very tough domestic violence laws, and the state is looking to make them even tougher.
Restraining orders. Allegations of Physical, Sexual or Psychological abuse. No one should have to deal with what you are facing when you and your family are in crisis.
Rhode Island Domestic Violence Lawyer S. Joshua Macktaz provides legal counseling that comes with years of experience in dealing with abuse and abuse cases as both a State Prosecutor and Private Attorney. You do not have to do this alone. If you are a client, he will work with you to present these difficult facts to the Court.If you have been a victim of domestic violence, you should contact the police.
Click Here to view recent Successful Criminal Case Defenses by Attorney Macktaz
Even if you cannot afford an attorney, you should take action to protect yourself, which probably means filing for a restraining order. The Family Court offices in Providence, Kent and Washington Counties have assistants that will help you file your complaint. Of course, we provide direct, one-on-one assistance to clients in filing for restraining orders and in connection with the hearings that arise after a restraining order has been filed.
If you have been served with a restraining order, you need legal representation. Unfortunately, the restraining order process is sometimes abused to secure an advantage in a divorce, or as a means to punish a spouse where there is no real threat, and both parties’ emotions are out of control. You can call our office 24/7, and we will assist you in responding to the restraining order and the related family issues that arise.
Restraining Orders are only part of Domestic Violence. Domestic violence is actually an umbrella that encompasses many different laws and adds stricter penalties (and often stricter enforcements) for alleged crimes against when the accuser has a domestic relationship with a victim.Prosecutors can be very aggressive in filing domestic violence charges due to the intensely political nature of the charges, and publicity that goes along with it.
Domestic assault & violence charges, along with DUI, have powerful advocacy and lobbying groups that challenge politicians in these cases. Therefore, if you have been charged with a Rhode Island Domestic Violence crime it is imperative that you get a criminal defense lawyer on your case and on your behalf immediately. We can help you to minimize the risks and damage you are facing.
Contact a Rhode Island Domestic Violence Attorney –
What Relationships Qualify under the RI Domestic Violence Act?
For a crime to be designated as a domestic violence offense, the victim and the defendant must be family or household members, which includes:
- Husband/wife/spouses or former spouses
- Adult persons related by blood or marriage
- Adult persons who are presently living together (roommates) or have lived together within the past 3 years
- People who have a child in common
- People who are or have been engaged, or in a significant dating relationship within the past year as determined by the court, based on length and type of relationship, time/duration of relationship, and frequency of interaction between the two individuals
What Crimes/Charges Are Included Under Rhode Island’s Domestic Violence Statutes?
- Assault & Battery
- Child Snatching
- Sexual Assault
- False Imprisonment
- Disorderly Conduct
- Homicide & Murder
- Violations of a Protective Order / Restraining Order / No Contact Order (RONCO)
- Arson (proposed)
- Burglary (proposed)
- Damage to or obstruction of a telephone (proposed)
- Assault – RI Laws & Penalties
In addition to charges under the specific criminal acts above, if you are found guilty of domestic violence in Rhode Island (first offense), you will be required to attend a batterer’s intervention program, and face additional assessment fees. A second (2nd) offense domestic violence conviction carries with it a minimum of 10 days in jail, and a maximum of up to 1 year. A third (3rd) offense domestic violence conviction carries with it a minimum of 1-10 years in prison.
How to Beat an Domestic Violence Related Charge in Rhode Island
Domestic violence charges can be frequently overcharged. One element of the charge that can be often challenged is the relationship between unrelated people who don’t live together. The classification for a relationship between “dating” or previously involved parties is subjective, and can be disputed. It is possible for a person to wrongly claim that such a relationship applies in accordance with this law.
Other defense strategies may involve agreeing to anger management or a batterer’s intervention program in exchange for a reduction in the charges. These options may depend on the willingness (or unwillingness) of the victim to testify in court, since the victims statement is often the best evidence the state has in its prosecution.
Other defenses are possible depending on the case but it’s important that you have a qualified and experienced Rhode Island Domestic Violence attorney involved quickly.