If you are arrested for domestic violence in Rhode Island, not only do you face harsh criminal penalties if convicted, but the alleged victim may file a protective order against you through either district court or family court. Commonly known as a restraining order or no-contact order, a protective order prevents you from contacting the alleged victim and his/her family and visiting their homes, workplaces, and other locations they frequent.
The following are three main types of protective orders in Rhode Island:
Emergency orders – An emergency order is available to offer domestic violence victims immediate protection when the courts are closed. A police officer may help a person obtain an order from a judge over the phone. An emergency order is valid until the next business day is over.
Temporary orders – Known as an “ex parte temporary order,” a temporary order provides an alleged victim with court-ordered protection for up to three weeks or 21 days. A complaint must be filed in court during normal business hours. After examining the affidavit and verified the complaint, if a judge believes a victim is in imminent danger of suffering damage, serious injury, or loss, then a temporary order will be issued. The alleged abuser does not have to be present in court.
Final orders – A full court hearing is held and both parties must present evidence supporting their cases. A final order is valid for up to three years. Furthermore, this type of order can be extended, depending on the circumstances of the case.
Violating a no-contact order is a separate offense and punishable by serious penalties. When dealing with a domestic violence charge and a restraining order, you need to hire an experienced criminal defense attorney to learn how you can protect your rights and freedom.
If you have been accused of domestic violence in Rhode Island, contact The Law Office of Thomas C. Thomasian, Esq. today at (401) 312-4385 for a free initial consultation.