You can hear the sirens blaring. “Get on the ground now,” the cop screams. You’re forcibly shoved onto the ground or the hood of a car while your hands are cuffed behind you and then your put into a car to be taken away to the police station. At the station, you are put into that little room where they try to talk to you, scare you, make you say something that will incriminate yourself. Even if you’re innocent, you could walk away guilty just because you didn’t keep your mouth shut when you should have. What you need is a lawyer. And here we have a list of Portsmouth federal criminal defense lawyers who will happily stand with you and help you get the fair trial you deserve.Now, a little background. We are not recommending any of these attorneys and anything said in this article should not be construed as legal advice. We’re not lawyers, just people who believe in the constitution and who know that everyone has the right to quality counsel at one of the most stressful times in their lives. When you’re arrested, several things are required to be done by law. First, you must have your rights read to you. If your rights have not been read to you, do not remind the officer. It is his or her responsibility to do it and if they don’t, that may be cause for a mistrial. Second, while you really do have the right to remain silent, the cops will do whatever they can to get you to tell them something.Most people in these situations feel compelled to talk and think that by talking they can prove their innocence. The best advice however is to just keep quiet and demand a lawyer. If you talk without your lawyer present, it’s your problem and the lawyer will not be able to help you later, so remember, keep it quiet until your lawyer arrives. Now, here are a few firms that have Portsmouth federal criminal defense lawyers working for you:Dwyer, Donovan and Pendelton461 Middle StreetPortsmouth, NH 03801PH: 603.433.7105TOLL FREE: 800.783.5770FAX: 603.431.2130“If you, a family member, or friend is charged with or involved in a criminal investigation, it is important to have competent legal counsel representing you as early in the process as possible.  All of the DDP attorneys are experienced criminal defense lawyers, having represented clients on felony, misdemeanor and other criminal matters, specifically including Driving While Intoxicated/Driving Under the Influence cases (DWI/OUI) matters. Attorney Pendleton is also certified in standard field sobriety tests.” Desfosses Law Firm3201 Lafayette RoadPortsmouth, NH 03801Phone: 603-436-8242Fax: 603-431-5365“Desfosses Law Firm in Portsmouth, New Hampshire, represents individuals throughout New Hampshire and Maine. Our firm is devoted to two areas of law that affect entire families and their future—criminal law and family law. Our criminal defense lawyers understand the stress and worry caused by criminal charges. We use our experience, knowledge, and resources to protect your rights and minimize the impact of criminal charges on you and your family.”Samdperil & Welsh, PLLCAttorneys at LawPost Office Box 38Exeter NH, 03833(603) 436-4901  “Need help? The lawyers at Samdperil & Welsh provide experienced, resourceful, and aggressive representation to clients facing criminal charges or a DWI, in domestic and family court matters, in personal injury cases, and in other legal matters.

Law as a profession is in great demand these days. Due to the changing economic and social scenario and the ever-increasing regulatory role being undertaken by the government there is a growing demand for the lawyers. Besides being financially lucrative, Law is an adventurous and thrilling career option.
Some of the personal characteristics that one needs to have to become a good lawyer are: good intellectual ability, the ability to assimilate and analyze facts quickly, excellent communication and presentation skills, self confidence, and physical and mental stamina to cope with the long hours of work and work related stress.Law Courses in IndiaB.A. L.L.B: This is a 5-year course and the students can pursue this course after passing Class 12. L.L.B.: This is a 3-year course, open for graduates.L.L.M.: This is a postgraduate course in Law. The duration of the course is 2year. Students can pursue this course after completing B.A. L.L.B. or L.L.B.
There are various specialized branches of Law. These include:

Here is a list of some of the top Law Colleges in India:

For better guidance contact your nearest Employment Exchange

Copyright (c) 2008 Steve Burgess
Computer forensics practices and procedures can diverge significantly depending upon whether the investigation is criminal or civil litigation. Standards for data collection evidence can be different, as can the process of data collection and imaging. Furthermore, the consequences of the case may have dramatically different impacts.
A couple of quick definitions may be in order. Criminal law deals with offenses against the state – the prosecution of a person accused of breaking a law. These offenses may include crimes perpetrated against an individual. “The People”, in the form of a state representative (for instance, the District Attorney) makes formal charges and the accused must then face the government’s full resources. Guilty outcomes can result in fines, probation, incarceration, or even death.
Civil law covers everything else, such as violations of contracts and lawsuits between two or more parties. The prevailing party often is entitled to payment, property or services from the loser. Imprisonment is not at issue in civil cases. As a result, the standard for evidence is not as high in civil cases as in criminal cases.
For the law enforcement computer forensics specialist, a certain amount of extra care should be taken in collecting data and producing results, for the standard of proof is higher. There are advantages on the data collection end, however. For once a court has authorized a search warrant, an officer (and possibly several) with badge and gun can go seize the defendant’s computer by surprise and by force. Once the computer has been seized and imaged, all data is accessible and may result in additional charges being brought against the defendant.
By contrast, in a civil case, there tends to be a lot of negotiation over what computers and what data can be inspected, as well as where and when. There is not likely to be any seizing of computers, and quite a long time may take place between the time the request to inspect a computer is made and the time the computer is made available to be inspected. It is common for one party to have access to a very limited area of data from the other party’s computer. During this time, a defendant may take the opportunity to attempt to hide or destroy data. The author has had several cases wherein the computer needed for analysis was destroyed before the plaintiff had the opportunity to inspect. Such attempts at hiding data are often discovered by the digital forensic sleuth, who may in turn present evidence of such further wrongdoing in expert witness testimony.
Opportunities for learning techniques and interacting with other professionals may differ as well. While some computer forensic software suites and training, such as Access FTK, EnCase, or SMART Forensics are available to most who can pay, others, such as iLook are available only to law enforcement and military personnel. While many support and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA) are not open to professionals who provide for criminal defense (with a few minor exceptions).
Police, Homeland Security, and other law enforcement personnel’s goal is to generate a body of evidence significant enough (presuming such evidence exists) to find the criminal defendant guilty. The standard for information presented to the court and jury in such a case is fairly high. From the time digital data or hardware is seized and acquired, Rules of Evidence must be kept in mind (Cornell University has the complete and voluminous code on its website). Law enforcement personnel must follow accepted procedures or evidence could be thrown out. Acquisition of data and discovery in criminal cases often must follow sometimes strict and differing procedures depending upon whether the jurisdiction is federal, state, or municipality and at times depending upon a judge’s preferences.
The expert in a civil case may not analyze all of the data on a computer at a very deep level Initial efforts may rather be a kind of fact-finding mission, intended to determine the value of digging deeper and at greater expense. As such, the initial presentation of data may be fairly informal, and be just enough to induce the parties to settle the case. On the other hand, the data found may be so minimal the line of inquiry into electronic evidence is dropped.
Although we use many of the same tools, computer forensic professionals in private practice and those in law enforcement are held to different standards, have access to different resources, and their work results in substantially different outcomes between the criminal and civil cases to which they contribute.

If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten business days a person has the right to a hearing.

A person who is facing a probation violation hearing should retain a Rhode Island Criminal law attorney or if eligible should Contact the Rhode Island Office of the Public Defender. If a person is eligible they will receive a free attorney from the Public Defender.

At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction. At the violation hearing the prosecutor has all of the leverage and power to coerce a plea because it is very easy to prove a probation violation and the prosecutor can threaten additional jail time as a result of the probation violation.

A probationary 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 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, 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 a probation sentence may get themselves deeper into trouble when they resume communications and 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.

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. These infractions are typically considered technical violations of probation. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

The fundamental right of every person is to be given a fair chance of hearing when charged with any offense. Criminal defense lawyers play a vital role in verifying the crime. Often fear, panic surrounds people when charged and as such they require someone who is not only knowledgeable but also can represent them in all fairness. Let’s see why criminal defense attorneys are crucial.Law and its nuances – Ignorance of law can lead to many offenses. It is vital to know the law and various offenses under it. Criminal law divides crime into two categories- Felony and misdemeanor. Felonies are the more serious crimes which include murder, theft, rape, sabotage, physical assault etc. These crimes usually attract serious punishments. Misdemeanors are less serious and include trivial offenses such as drugs possession, traffic violations, smoking in prohibited zones etc. Offenders are usually awarded fines in such crimes. Counseling from a well experienced criminal defense attorney can give you a thorough understanding of criminal law, categories of crimes and the relevant penalties and can help you prevent from committing them. Ignorant offense – Criminal defense attorneys can help you in case of an offense due to ignorance of law. They structure and present the case in the trial concentrating on your ignorance and convince the court for a lesser punishment and encourage you not to repeat the crime.   Minimal penalty – In the instance of any offense, criminal defense lawyers verify the charges and also present the case with a lesser degree of offense. This helps you to get out of the situation with minimal punishment. Also the expertise can be handy to reduce imprisonment to fine. Criminal defense lawyers not only represent you in trials but they also file for motion hearing, cross-examine the prosecutor’s witnesses and even re-appeal if warranted.

High profile celebrities opt for attorney services to cope with any sudden events. The general public who do not need criminal attorneys on a regular basis will contact a defense attorney when in need. You can improve your chances in court if you approach a criminal defense lawyer at a very early stage: as soon as being arrested. It is always advisable to make statements to the authorities only under the guidance of your defense lawyer to avoid any incrimination. Criminal defense lawyers not only represent you in trials but they also file for motion hearing, cross-examine the prosecutor’s witnesses and even re-appeal if warranted. In your hour of need, don’t rush to any defense lawyer and complicate your plights. Learn how to choose the right and competent criminal defense lawyer to get out of the situation.•It is very significant to have the right attorney when apprehended in a criminal offense. Drug, sex, violent offenses and white collar crimes all fall under criminal offenses. Criminal law is quite different from the civil law; hence you must approach a suitable criminal defense lawyer for the right advice. It is more prudent to approach the one who is specialized in the area of your offense. You need a criminal defense lawyer when you are not guilty or mistakenly or forcibly involved in a case. You also need a criminal defense lawyer even when you are guilty of a crime. He not only works to lessen your charges but also drives for an agreement with the prosecutor outside the court. Guilty or not guilty, look for a criminal defense lawyer who has worked on similar cases and also has a good reputation in the market. •You can find the list of criminal defense lawyers in the phone book, online dictionaries, referrals and by friends etc. Look for a specialized lawyer and also one who is in your local area. Local defense attorneys are not only easily accessible but also have more awareness of the state laws. •You can decide on a criminal defense lawyer to represent you once you learn about their experiences in handling such cases and situations. The total experience in the field in also vital to gauge their credibility and prowess. Defense lawyers having other law associations should be preferred as such associations may come in handy, if required in advanced stages of trial. You should also carefully analyze the defensive strategies they can offer you for various stages of the trial. Make up your mind to appoint a particular criminal defense lawyer only after you are certain on their ability to solve your 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! 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.

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 lsland (RI) should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Two laws that are the same are criminal law and penal law. Punishment under these laws is often harsh. Penalties differ between jurisdictions and offenses. General penalties include: probation, parole, fines, execution or imprisonment.
The first society to write their criminal codes was the Sumarians. Criminal and civil laws were not divided at the time.
Criminal laws have strict punishments when the laws are not followed. A person can be imprisoned, even at home. The term of imprisonment in the prison system can be life. With house arrest, probation and parole departments set requirements that must be followed. Convicted persons may also loose property and money.
Restitution, retribution, deterrence, incapacitation and punishment are five methods to punish criminals. Jurisdictions have different laws regarding punishment.
Public International Law goes into effect when a heinous crime involves an entire area and society. These laws came about after World War 2 with the Nuremburg Trials. Sovereign immunity does not apply because the individuals were found guilty for their roles, even though it was ordered by their government.
Creating a fear of punishment is how most laws are enforced.
Detrimental behaviors may be prohibited by criminal law. A physical element, the act of carrying out the crime, must be present for a crime to have happened. Lack of intervention, threatening behavior or committing a crime has to happen. Guilty act, or actus reus, is the legal terminology. Neglect can be considered an actus reus if an individual is entrusted with the safekeeping of another. Good Samaritan Laws apply for certain situations that a person may cause.
A guilty mind or mens rea is needed for strict liability crimes such as a regulatory offense. Reason being is these crimes have harsh punishments.
Actus reus and mens rea are necessary for certain crimes. Both have to be present at the exact same time.
If an individual would have been hurt regardless of a person’s actions, then actus reus is does not apply. If an individual runs a red light and injures person, actus reus does apply because the injury was a result of an intentional act.
Motive and intention are different. With a guilty mind, or mens rea, the intentional violation of the law applies. Criminal acts are not voided by good intentions.
If an individual recognizes the risk of a behavior but continues anyway, mens rea is established. This is called recklessness. Courts usually take into account if the individual ought to have known the risk or not. Intent is voided when an individual ought to have known the risk but did not. This situation has resulted in mens rea being reduced in some areas of the law.
Intent affects the gravity of an act. If the intent is to kill or inflict bodily harm that may cause death, it is murder. Recklessness that results in death may be manslaughter. Who is injured does not matter. If the intent is to strike someone but, someone else is struck, intent is reassigned to that person. Transferred malice is established.
Civil law employs strict liability. It is damage caused by an individual regardless of mens rea or intent. Precise intent is not necessary for all crimes.
Penal law is primarily applicable to murder. Jurisdictions can have several types of murder. If intent and malice are there then it is first degree murder. Without malice it is manslaughter. Mental problems or irritation are the cause in many cases. Negligence that causes death is involuntary manslaughter in some states.
Settled insanity is a probably defense.
Criminal responsibility may result from assault and battery. One form of battery is rape.
Trespassing, conversion, embezzlement, theft and robbery are covered under penal law.
Charges can be file if a crime is known about or if there is a conspiracy. Completion of the act does not have to happen. Conspiracy, attempt, abetting and aiding fall into this category.

The intersection between family law, criminal  law  and divorce in RI

Overview

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.

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 havok 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 opporunity 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 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.

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.

At the National Conference of Criminal Law and Criminology, held in Chicago, at Northwestern University, in June, 1909, the American Institute of Criminal Law and Criminology was organized; and, as a part of its work, the following resolution was passed:
“Whereas, it is exceedingly desirable that important treatises on criminology in foreign languages be made readily accessible in the English language, Resolved, that the president appoint a committee of five with power to select such treatises as in their judgment should be translated, and to arrange for their publication.”
The Committee appointed under this Resolution has made careful investigation of the literature of the subject, and has consulted by frequent correspondence. It has selected several works from among the mass of material. It has arranged with publisher, with authors, and with translators, for the immediate undertaking and rapid progress of the task. It realizes the necessity of educating the professions and the public by the wide diffusion of information on this subject. It desires here to explain the considerations which have moved it in seeking to select the treatises best adapted to the purpose.
For the community at large, it is important to recognize that criminal science is a larger thing than criminal law. The legal profession in particular has a duty to familiarize itself with the principles of that science, as the sole means for intelligent and systematic improvement of the criminal law.
Two centuries ago, while modern medical science was still young, medical practitioners proceeded upon two general assumptions: one as to the cause of disease, the other as to its treatment. As to the cause of disease, disease was sent by the inscrutable will of God. No man could fathom that will, nor its arbitrary operation. As to the treatment of disease, there were believed to be a few remedial agents of universal efficacy. Calomel and blood-letting, for example, were two of the principal ones. A larger or smaller dose of calomel, a greater or less quantity of bloodletting, this blindly indiscriminate mode of treatment was regarded as orthodox for all common varieties of ailment. And so his calomel pill and his bloodletting lancet were carried everywhere with him by the doctor.
Nowadays, all this is past, in medical science. As to the causes of disease, we know that they are facts of nature, various, but distinguishable by diagnosis and research, and more or less capable of prevention or control or counteraction. As to the treatment, we now know that there are various specific modes of treatment for specific causes or symptoms, and that the treatment must be adapted to the cause. In short, the individualization of disease, in cause and in treatment, is the dominant truth of modern medical science.
The same truth is now known about crime; but the understanding and the application of it are just opening upon us. The old and still dominant thought is, as to cause, that a crime is caused by the inscrutable moral free will of the human being, doing or not doing the crime, just as it pleases; absolutely free in advance, at any moment of time, to choose or not to choose the criminal act, and therefore in itself the sole and ultimate cause of crime.
As to treatment, there still are just two traditional measures, used in varying doses for all kinds of crime and all kinds of persons, jail, or a fine (for death is now employed in rare cases only). But modern science, here as in medicine, recognizes that crime lso Causes. It need not be asserted for one moment that crime is a disease. But it does have natural causes, that is, circumstances which work to produce it in a given case.
And as to treatment, modern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes. Common sense and logic alike require, inevitably, that the moment we predicate a specific cause for an undesirable effect, the remedial treatment must be specifically adapted to that cause.