Can the alleged victim ask the prosecutor to dismiss the case?

Yes. The alleged victim can tell the prosecutor what they want to happen, but that request does not require the prosecutor to dismiss the case. Rhode Island law places the decision to prosecute with the prosecutor rather than the alleged victim.

Does a domestic violence arrest always happen after a 911 call?

No. A 911 call does not automatically require an arrest in every circumstance. However, when the statutory conditions for a mandatory arrest are satisfied and officers have the required probable cause, Rhode Island law requires the arrest.

Can I contact the alleged victim if they contact me first?

Not if a no-contact order prohibits communication. The alleged victim’s consent does not cancel a court order. Contact can potentially create another criminal problem, so the terms of the order should be reviewed carefully before any communication occurs.

What if the alleged victim refuses to testify?

The prosecutor may still have other evidence, including 911 recordings, photographs, police observations, statements, or testimony from other witnesses. A reluctant witness can affect the strength of the prosecution’s case, but it does not automatically require dismissal.

Does a dismissal erase the arrest from my record?

A dismissal is different from a conviction, but it does not necessarily mean every record associated with the arrest disappears automatically. Whether the record can be sealed or expunged depends on the applicable Rhode Island law and the particular disposition.

How long can a Rhode Island domestic violence case take?

Some misdemeanor cases resolve within several months, while cases involving felony charges, contested evidence, motions, or trial preparation can take substantially longer. The court, prosecutor, charge, and circumstances of the case all affect the schedule.

Attorney David Ellison has been chosen for the 2026 Rhode Island Super Lawyer list

By David Ellison

News

Last Modified on Oct 23, 2026

We are proud to share that Attorney David Ellison has been chosen for the 2026 Rhode Island Super Lawyer list. This is his fourth consecutive year in which he received this prestigious award. He was also selected as a Super Lawyer in 2025, 2024 and 2023.

From 2019 to 2022, Attorney Ellison was recognized as a Super Lawyer Rising Star for Criminal Defense in both Rhode Island and Massachusetts.

This award is only received by no more than 5% of the attorneys in Rhode Island, highlighting those who have demonstrated exceptional skill, integrity and achievements in their practice area. Super Lawyers select attorneys using a patented multiphase process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

About the author: David Ellison

Founding Attorney of Ellison Law LLC

David Ellison is the founding attorney of Ellison Law LLC, serving clients from offices in Providence, Rhode Island and Fall River, Massachusetts. He focuses his practice on criminal defense and DUI matters. Mr. Ellison has more than a decade of legal experience and has been licensed to practice law since 2012. He earned his Juris Doctor from Roger Williams University School of Law and is admitted to the Rhode Island and Massachusetts bars.

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Attorney David Ellison has been chosen for the 2026 Rhode Island Super Lawyer list

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