Domestic Violence Legal Help: Practical Advice and Resources from a Family Attorney in Rhode Island

Understanding Domestic Violence in Rhode Island: A Legal Overview

Domestic violence is a serious crime in Rhode Island, impacting individuals and families across the state. It's crucial to understand what constitutes domestic violence under Rhode Island law, the legal protections available, and the resources available to victims. This article provides a comprehensive overview of domestic violence legal help in Rhode Island, offering practical advice and resources from a family attorney's perspective.

Defining Domestic Violence Under Rhode Island Law

Rhode Island law defines domestic violence as any act of violence, force, or threat that results in physical injury, emotional distress, or property damage, committed by one family or household member against another. This includes, but isn't limited to:

• 📌 Physical assault (hitting, kicking, shoving)
• 📌 Sexual assault
• 📌 Stalking
• 📌 Threats and intimidation
• 📌 Property damage
• 📌 Emotional abuse
• 📌 Cyberstalking or harassment

Who is considered a 'family or household member' in Rhode Island? The law encompasses spouses, former spouses, persons who have a child in common (regardless of whether they have been married or lived together), and persons who are or have been in a substantive dating or engagement relationship.

Immediate Steps to Take if You Are Experiencing Domestic Violence in Rhode Island

Your safety is the top priority.

If you are experiencing domestic violence, take these immediate steps:

• 🚨 Call 911: If you are in immediate danger, call 911. Rhode Island law enforcement officers are trained to respond to domestic violence calls.
• 🏥 Seek Medical Attention: If you have been injured, seek medical attention. Document your injuries with photographs and medical records, as this evidence can be crucial in legal proceedings.
• 🏃‍♀️ Remove Yourself from Danger: If possible, remove yourself and any children from the immediate danger. Have a safety plan in place.
• 📞 Contact a Domestic Violence Advocate: Organizations like the Rhode Island Coalition Against Domestic Violence (RICADV) and local shelters can provide immediate support, counseling, and resources. They can help you create a safety plan and understand your legal options.
• 📸 Preserve Evidence: Save any text messages, emails, voicemails, photos, or other evidence of the abuse. This evidence can be valuable in obtaining a restraining order or pursuing criminal charges.

Restraining Orders (Orders of Protection) in Rhode Island

A restraining order, also known as an order of protection, is a court order that protects you from an abuser. In Rhode Island, there are two types of restraining orders:

• 🛡️ Temporary Restraining Order (TRO): A TRO is issued ex parte, meaning the abuser is not present in court when it is granted. It is typically issued immediately if the judge believes you are in immediate danger. A TRO is valid for a short period, usually around 20 days, until a full hearing can be scheduled.
• 🛡️ Permanent Restraining Order: After the TRO is issued, a full hearing is scheduled where both parties can present evidence and testimony. If the judge finds that domestic violence has occurred, they can issue a permanent restraining order, which can last for up to three years, and can be renewed.

What Does a Restraining Order Do?

A restraining order in Rhode Island can:

• 🚫 Prohibit the abuser from contacting you in any way (phone, email, text, social media).
• 🚫 Prohibit the abuser from coming within a certain distance of you, your home, your workplace, your children's school, or other specified locations.
• 🚫 Grant you temporary custody of your children.
• 🚫 Order the abuser to surrender any firearms.
• 🏠 Grant you temporary possession of your home.

How to Obtain a Restraining Order in Rhode Island

1. File a Petition: File a petition for a restraining order with the Family Court in the county where you reside or where the abuse occurred. The court clerk can provide you with the necessary forms.
2. Affidavit: You will need to complete an affidavit detailing the incidents of abuse and explaining why you need the restraining order. Be as specific as possible, including dates, times, and descriptions of the abuse.
3. Temporary Order Hearing: If you request a TRO, you will have an immediate hearing before a judge. Be prepared to testify about the abuse and present any evidence you have.
4. Full Hearing: If a TRO is granted, a full hearing will be scheduled. At the full hearing, both you and the abuser will have the opportunity to present evidence and testimony. It is highly recommended that you have an attorney represent you at the full hearing.

Criminal Charges for Domestic Violence in Rhode Island

Domestic violence is a crime in Rhode Island. The abuser can be arrested and charged with various offenses, depending on the severity of the abuse, including:

• ⚖️ Domestic Assault: This can range from simple assault to aggravated assault, depending on the severity of the injuries.
• ⚖️ Disorderly Conduct: If the abuser's behavior is disruptive or threatening.
• ⚖️ Vandalism: If the abuser damages your property.
• ⚖️ Violation of a Restraining Order: A very serious offense in Rhode Island, which can result in jail time.
• ⚖️ Cyberstalking: Using electronic communication to harass or stalk someone.
• ⚖️ Kidnapping: Unlawful detention of a person

The Role of the Police and Prosecutors

When the police respond to a domestic violence call, they are required to investigate and determine if a crime has been committed. If they have probable cause to believe that domestic violence has occurred, they must arrest the abuser.

The prosecutor's office will then decide whether to file criminal charges against the abuser. If charges are filed, the abuser will be prosecuted in criminal court.

Victim's Rights in Criminal Court

Victims of domestic violence have certain rights in criminal court in Rhode Island, including:

• 🗣️ The right to be notified of court proceedings.
• 🗣️ The right to be heard at sentencing.
• 🗣️ The right to restitution for losses suffered as a result of the crime.
• 🗣️ The right to protection from the abuser.

Civil Remedies for Domestic Violence Victims in Rhode Island

In addition to criminal charges and restraining orders, victims of domestic violence in Rhode Island may also have civil remedies available to them. These remedies can include:

• 💰 Personal Injury Lawsuits: You can sue the abuser for damages caused by the abuse, including medical expenses, lost wages, pain and suffering, and emotional distress.
• 💔 Divorce or Separation: If you are married to the abuser, you can file for divorce or separation. In Rhode Island, domestic violence can be a factor in determining alimony, child custody, and property division.
• 👨‍👩‍👧‍👦 Child Custody and Visitation: If you have children with the abuser, the court will consider the history of domestic violence when making custody and visitation decisions. The court's primary concern is the best interests of the child. Rhode Island law has specific provisions to protect children from exposure to domestic violence.
• 🏠 Housing Rights: Under certain circumstances, you may be able to terminate your lease without penalty if you are a victim of domestic violence.

Possible Compensations for Domestic Violence Victims in Rhode Island

Victims of domestic violence in Rhode Island may be entitled to various forms of compensation, depending on the specific circumstances of their case. These may include:

• 💸 Medical Expenses: Compensation for medical bills incurred as a result of injuries sustained in the abuse.
• 💸 Lost Wages: Compensation for lost income due to injuries or the need to take time off work for safety.
• 💸 Property Damage: Compensation for damages to property caused by the abuser.
• 💸 Pain and Suffering: Compensation for the physical and emotional pain and suffering caused by the abuse.
• 💸 Relocation Costs: Compensation for expenses related to moving to a safe location.
• 💸 Legal Fees: In some cases, the abuser may be ordered to pay the victim's legal fees.
• 💸 Restitution Through court criminal order.

Strategies for Protecting Yourself and Your Children

Creating a safety plan is crucial for protecting yourself and your children. A safety plan is a personalized strategy to help you stay safe during and after an abusive relationship. Here are some key elements of a safety plan:

• 🔑 Identify Safe Places: Identify safe places where you can go if you feel threatened, such as a friend's house, a family member's home, or a shelter.
• 📞 Keep Emergency Numbers Handy: Keep emergency numbers, such as 911, the RICADV hotline, and the numbers of trusted friends and family members, readily available.
• 👜 Pack an Emergency Bag: Pack an emergency bag with essential items, such as money, identification, medications, and important documents. Keep the bag hidden in a safe place.
• 💬 Develop a Code Word: Develop a code word with trusted friends or family members that you can use to signal that you need help.
• 🔒 Change Your Routines: Change your routines to make it harder for the abuser to track you.
• 🏫 Inform Your Children's School: Inform your children's school or daycare about the situation and provide them with a copy of any restraining orders.
• 📱 Document Everything: Keep a detailed record of all incidents of abuse, including dates, times, and descriptions of the abuse.

Resources for Domestic Violence Victims in Rhode Island

There are many resources available to domestic violence victims in Rhode Island, including:

• 🤝 Rhode Island Coalition Against Domestic Violence (RICADV): RICADV is a statewide organization that provides support and advocacy for domestic violence victims. They can be reached at (401) 467-9940 or online at ricadv.org.
• 🤝 Day One: Day One is the sexual assault and trauma resource center of Rhode Island. They offer counseling, advocacy, and legal services to survivors of sexual assault and abuse. Their hotline is 1-800-494-8100 or visit dayoneri.org.
• 🤝 Sojourner House: Provides emergency shelter, transitional housing, and supportive services to victims of domestic violence. Sojournerri.org.
• 🤝 Family Service of Rhode Island: Offers counseling and support services to individuals and families affected by domestic violence. Familyserviceri.org.
• 🤝 The Poverty Institute: Offers free legal services to low-income individuals and families in Rhode Island. ripovertyinstitute.org.
• 🤝 Rhode Island Legal Services: Provides free legal assistance to low-income residents in civil matters, including domestic violence cases. rills.org.
• 🤝 Local Police Departments: Your local police department can provide immediate assistance and support.

The Importance of Legal Representation

Navigating the legal system in Rhode Island can be complex and overwhelming, especially when dealing with domestic violence. It is highly recommended that you seek legal representation from an experienced family law attorney who specializes in domestic violence cases.

What Can a Family Attorney Do For You?

• 👩‍⚖️ Advise you on your legal rights and options.
• 👩‍⚖️ Help you obtain a restraining order.
• 👩‍⚖️ Represent you in criminal court.
• 👩‍⚖️ Represent you in civil court for divorce, child custody, or personal injury lawsuits.
• 👩‍⚖️ Negotiate with the abuser's attorney.
• 👩‍⚖️ Protect your safety and your children's safety.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.