Rhode Island Domestic Violence Laws – Offenses & Penalties

Rhode Island Domestic Violence Laws – Offenses & Penalties

Domestic violence offenses are taken incredibly seriously in Rhode Island and can result in arrests, protective orders, and other complicated issues in the criminal justice system. It’s important to understand Rhode Island’s domestic violence laws and the potential penalties for these criminal offenses. If you are facing these charges, you have to take action to protect your reputation, your future, and your freedom with a strong defense.

Defining Domestic Violence Offenses

Domestic violence offenses are criminal offenses committed against either a family member or a household member. This includes offenses like:

  • Vandalism
  • Disorderly conduct
  • Trespassing
  • Stalking
  • Cyberstalking or cyber harassment
  • Motor vehicle electronic tracking
  • Burglary and unlawful entry
  • Arson
  • Simple assault
  • Felony assault
  • Domestic assault through strangulation
  • Damaging or obstructing a telephone
  • Refusing to relinquish a telephone
  • Knowing violation of a protection order
  • Kidnapping
  • Child-snatching
  • Sexual assault
  • Homicide

In 2023, there were 1,184 cases of aggravated assault in Rhode Island, and there were 7,161 victims of simple assault. In 2025, there were 8,085 assault offenses. In order to qualify as a domestic violence offense, the offense must be committed by someone who has one of the following relationships with the victim:

  • Spouse or ex-spouse
  • Adults related through blood or marriage
  • Adults living together currently
  • Adults who have lived together in the last three years
  • Those who have a child in common
  • Those who are currently or were previously dating within the past year, if the court considers it to be a substantive relationship by the duration, type, or frequency of the relationship

Penalties for Domestic Violence Offenses in Rhode Island

If you are convicted of a domestic violence offense, you are charged with the penalties of the offense committed, but there are generally more significant potential penalties in domestic violence cases. Conviction of a domestic violence offense carries mandatory attendance of a batterer’s intervention program. It also carries a required $125 assessment on top of other fines.

Some of the offenses and their penalties that you could face include:

  • Assault. Simple assault carries up to one year of imprisonment and/or up to $1,000 in fines. Felony assault can lead to up to six or 20 years of imprisonment, depending on the presence of serious bodily injury.
  • Vandalism. This is a misdemeanor resulting in up to $1,000 in fines and/or up to one year of imprisonment. Penalties also include liability for damages caused by the vandalism.
  • Stalking. Conviction of stalking is a felony, resulting in up to five years of imprisonment and/or a fine of up to $10,000.
  • Burglary. Burglary carries a minimum sentence of five years up to life.
  • Sexual assault. Second-degree sexual assault results in between three and 15 years of imprisonment. First-degree sexual assault carries a minimum of ten years of imprisonment up to life.
  • Kidnapping. Conviction of kidnapping results in up to 20 years of imprisonment.
  • Arson. There are many degrees of arson. Sixth-degree arson is the lowest charge of arson that is a criminal offense, and can result in up to two years of imprisonment and/or up to $1,000 in fines. First-degree arson can lead to a minimum of five years of imprisonment up to life, and between $3,000 and $25,000 in fines. Penalties are much worse if a death results from the offense.
  • Domestic assault by strangulation. This can result in up to ten years of imprisonment.

If you have been convicted of prior violations of misdemeanor domestic violence offenses, then there are unique penalties:

  • For a second violation, there is a mandatory minimum sentence of ten days to one year
  • For a third or subsequent violation, it becomes a felony and results in between one and 10 years of imprisonment

When there are repeat convictions of domestic violence offenses, jail sentences cannot be suspended.

FAQs

What Is the Domestic Violence Prevention Act in Rhode Island?

The Domestic Violence Prevention Act in Rhode Island establishes the definition of domestic violence and the criminal penalties for domestic violence. It also lays out other specifics about domestic violence cases, like the duties of law enforcement officers, the creation of oversight committees, and the importance of enforcing protective orders. The legislature also reinforces the importance of protecting victims of domestic violence offenses.

Is Domestic Violence a Felony in Rhode Island?

Domestic violence offenses in Rhode Island are not always felonies, but they can be. A first or second offense of domestic violence is charged as a misdemeanor if the offense committed is charged as a misdemeanor, but a third or subsequent violation is a felony. However, if the domestic violence offense committed was a felony offense, then the domestic violence offense is charged as a felony. This includes offenses like felony assault, kidnapping, or sexual assault.

Why Do Most Domestic Violence Cases Get Dismissed?

Many domestic violence cases get dismissed because these cases often rely on witness testimony, and many witnesses are unwilling to go through the difficult process of testifying in court. This may be because of the difficulty of discussing traumatic events, because of complex relationships between individuals, or because the accusations were false.

There can be other issues in cases, such as improperly obtained evidence, missed filing deadlines, or errors by law enforcement. These issues can also lead to case dismissal.

Why Should You Hire a Domestic Violence Lawyer in Rhode Island?

You should hire a domestic violence lawyer in Rhode Island if you are facing domestic violence charges to protect your future, your freedom, and your reputation. There are potential defenses to these charges, but each case’s specifics need to be considered. The right defense attorney can help you review defenses like self-defense, false accusations, or misunderstandings. An attorney can advocate for case dismissal, represent you in trial, or help you assess a plea bargain.

Find a Rhode Island Domestic Violence Attorney You Can Rely On

At Ellison Law LLC, we understand how stressful and overwhelming it can be to face criminal charges, particularly for domestic violence. The social stigma around these crimes can be very hard to overcome. We know the importance of comprehensive legal guidance during this time. Our firm offers compassionate and strong legal defense, based on years of experience navigating criminal justice law. Reach out to our firm today

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