Rhode Island Domestic Violence Defense Lawyer

Domestic Violence Defense Attorney in Rhode Island

The State of Rhode Island has strict laws when it comes to domestic violence. Domestic violence cases can have lasting repercussions for all parties involved, including harsh penalties for the Defendant who is charged with domestic violence. These charges can affect your freedom, reputation, employment, and much more. You need a Rhode Island domestic violence defense lawyer to protect your future.

Domestic assault and domestic violence are very serious charges. They can result in jail sentences and potential lifelong consequences. There is a stigma against any individual who is accused of domestic violence. It is important to act quickly and work with an attorney who can help you protect your rights after getting charged with domestic violence. You need to hire experienced Rhode Island Criminal Defense lawyers to help with your case.

Rhode Island Domestic Violence Attorney

The attorneys at Ellison Law LLC have represented hundreds of people charged with domestic violence. We understand these cases have a serious effect on your personal life, including where you can live, your employment, and the relationships with your family. Our team handles a large number of domestic assault cases each year.

These cases carry a severe social stigma on top of serious criminal consequences. This can make them even harder to navigate. Our attorneys offer you compassionate and fierce advocacy during this difficult time.

What Qualifies as a Domestic Relationship in Rhode Island?

A domestic relationship in Rhode Island is defined by specific connections between individuals. Rhode Island General Laws § 12-29-2(b) defines a “family or household member” as the following:

• Spouses
• Former spouses
• Adults related by blood or marriage
• Adults who are currently living together or who have lived together in the past three years
• Those who have a child in common, regardless of whether they have been married or have lived together
• Individuals who are currently, or have been, in a dating or engagement relationship within the past year, if it is considered substantial by the court’s consideration of factors like the duration, the type, and the frequency of interaction in the relationship

What is Domestic Violence in Rhode Island?

In Rhode Island, domestic violence refers to criminal offenses committed by individuals who share a specific domestic relationship. This term encompasses various acts of physical or verbal violence. This means that a domestic violence charge in Rhode Island isn’t a single charge, but it’s an umbrella term for different criminal acts committed in a domestic relationship.

In 2024, the Rhode Island Public Safety Grant Administration Office reported the use of its funds for the 2,000 yearly victims of domestic violence, human trafficking, and sexual assault.

What Are Some Different Domestic Violence Offenses in Rhode Island?

Rhode Island General Laws § 12-29-2(a) states that any of the following crimes are domestic when committed by one family or household member against another:

1. Simple assault (§ 11-5-3)
2. Felony assaults (§§ 11-5-1, 11-5-2, and 11-5-4)
3. Vandalism (§ 11-44-1)
4. Disorderly conduct (§ 11-45-1)
5. Trespass (§ 11-44-26)
6. Kidnapping (§ 11-26-1)
7. Child-snatching (§ 11-26-1.1)
8. Sexual assault (§§ 11-37-2, 11-37-4)
9. Homicide (§§ 11-23-1 and 11-23-3)
10. Violation of a protective order entered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8, where the respondent has knowledge of the order and the penalty for its violation or a violation of a no-contact order issued pursuant to § 12-29-4
11. Stalking (§§ 11-59-1 et seq.)
12. Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14)
13. Burglary and unlawful entry (§ 11-8-1 et seq.)
14. Arson (§ 11-4-2 et seq.)
15. Cyberstalking and cyberharassment (§ 11-52-4.2)
16. Domestic assault by strangulation § 11-5-2.3
17. Electronic tracking of motor vehicles (§ 11-69-1)

In Rhode Island, there were 8,085 cases of assault in 2025. In 2023, there were 8,345 victims of assault, 7,161 of which were simple assault cases.

What Is Domestic Assault in Rhode Island?

Domestic assault involves any act of physical harm, attempted physical harm, or the threat of physical harm directed towards an individual who is in a qualifying domestic relationship under the law. This classification carries additional legal consequences compared to standard assault charges due to the domestic nature of the relationship between the defendant and the alleged victim.

Is There a Difference Between Domestic Violence and Domestic Assault in Rhode Island?

Yes, there’s a difference between domestic violence and domestic assault in Rhode Island:

• Domestic assault refers to physical acts of violence or any offensive touching committed against an individual without their consent in a domestic relationship under the law.

• Domestic violence is a broader term that encompasses different criminal behaviors/charges that happen when the defendant and alleged victim are in a domestic relationship. Different types of charges can be encompassed in a domestic violence charge, like domestic vandalism, domestic disorderly conduct, or domestic assault.

Hire a Domestic Violence Defense Lawyer: Domestic Assault Legal Defense Strategy

It is important to contact an attorney right away to help handle your case. If you hire a domestic violence defense lawyer at Ellison Law LLC, we can immediately start filing motions on your behalf. We make sure to obtain all police reports, all witness statements, photos, and other evidence the government may have against you.

We make sure to do our own investigation into what truly happened. Sometimes, domestic violence allegations can be false and made up for a variety of reasons. False accusations result in a grave injustice when you are charged with domestic violence.

In addition to creating a defense strategy, there are several other benefits to working with a defense attorney. They can answer your questions, help you understand the charges against you, and support you as you navigate the criminal justice system. It can be terrifying to face these charges, especially considering the significant impacts they can have on your life.

An attorney helps you find the ideal resolution through dropped or mitigated charges. If a plea bargain is offered, an attorney can assess if it is in your interests and help you negotiate a better result if it offers the ideal outcome. Otherwise, your attorney can advocate for you at trial.

What Are Some Penalties for Domestic Violence in Rhode Island?

Rhode Island General Laws § 12-29-5 states that anyone who is convicted of a domestic violence crime must complete a batterer’s intervention program and pay an additional $125 assessment.

If you are charged with a domestic violence crime, you face severe penalties, including jail time, probation, fines, and fees. For a domestic violence offense, there are different penalties based on how many prior convictions you have for a domestic crime. If the crime is a misdemeanor, the penalties for repeat offenders are:

1st Offense Penalties:

• Misdemeanor
• Up to one year in jail
• Batterer’s intervention program
• Extra assessment fees of $125.00
• Domestic no contact order
• Potential probation
• Potential criminal conviction

2nd Offense Penalties:

• Misdemeanor
• At least 10 days in jail and up to one year in jail
• No suspension of jail time
• Batterer’s intervention program
• Extra assessment fees of $125.00
• Domestic no contact order
• Potential probation
• Potential criminal conviction

3rd Offense Penalties:

• Felony
• At least one year in jail and up to 10 years in jail
• No suspension of jail time
• Batterer’s intervention program
• Extra assessment fees of $125.00
• Domestic no contact order
• Potential probation
• Potential felony conviction

These are the minimum and additional penalties for repeat offenses, but the base penalties you face depend on the crime you are being accused of. If you are convicted of stalking, then this is a felony offense with as much as five years of imprisonment, while a simple assault conviction can result in up to one year of imprisonment.

Conviction of a Domestic Violence Offense and Firearms Rights

If you are convicted of a domestic violence offense, you would be required to surrender your firearms. This is true whether you plead guilty or nolo contendere (no contest). You would be prohibited from buying, owning, possessing, or transporting firearms. You have to surrender your firearms within 24 hours, and within 48 hours, file proof of surrender with the court or state that you owned no firearms.

There can be consequences to your firearm rights even before you are convicted, as you may be required to surrender your firearms due to a protective order.

What Happens If I Own Guns with a Domestic Violence Charge?

If you are convicted under the Domestic Violence Prevention Act, you may be required to forfeit your firearm rights — it is important to let your attorney know right away if you own guns and get charged with a domestic violence offense in Rhode Island. This can help your lawyer craft a strategy to help you protect your right to a firearm.

What is a Domestic No Contact Order?

A Domestic No Contact Order makes it illegal for the defendant to contact the alleged victim in any way, including phone calls, text messages, social media, in-person contact, or third-party contact through another individual. The violation of a Domestic No Contact Order may result in an additional criminal charge, a potential bail violation, and potential jail time.

What’s the Difference Between a Protective Order and a Criminal No Contact Order?

There are many differences between a protective order and a criminal No Contact Order.

• A No Contact Order is part of a criminal case, is issued during arraignment by the court, and can last for the entire criminal trial
• A protective or restraining order related to domestic violence is filed through the family or civil court, and requested by the individual who is the victim of the offense

The court that someone files a protective or restraining order through depends on their relationship with the person they are filing the order against. Family court protective orders are for those related by blood or marriage, or those who have a child in common. If parties do not have this direct relationship, then a restraining order can be secured through civil District courts.

When someone files a protective order, they can request relief from the court, such as:

• Prohibiting the restrained party from contacting, harming, or interfering with the petitioner or their children
• Requiring the restrained party to surrender firearms, which is required within 72 hours of notice, although a hearing within 15 days determines if these should be restored or not
• Requiring them to leave a home shared with the petitioner
• Providing the petitioner with temporary custody of the children

There may be other requirements, and violation of the requirements of any type of No Contact or restraining order can lead to significant penalties. A protective order can be ordered by the court for up to three years. It is crucial that you get the support of an experienced attorney to help you navigate these orders.

Understanding Mandatory Arrests With Probable Cause in Domestic Violence Cases in Rhode Island

Domestic violence cases can progress quickly, particularly in cases where an arrest must be made at a domestic violence situation. When officers respond to a domestic violence case, they have a duty to enforce the law and protect the victim of the alleged offense. An officer can arrest an individual if they have probable cause to believe an offense occurred, such as:

• Felony assault
• Assault resulting in alleged bodily injury
• Action taken intending to cause fear of serious bodily injury or death
• Knowing violation of a protective order
• Violation of a No Contact Order

The arrest can be made without the victim’s consent, but is also not based on the request of the victim. The officer should also not make the decision to arrest based on the relationship between the parties. Law enforcement can make an arrest without a warrant within 24 hours of the alleged crime taking place.

If a 24-hour arrest is not made, this doesn’t mean that law enforcement can’t make an arrest. Involved parties can file a criminal complaint, and law enforcement can still seek a warrant for arrest.

There are other duties that law enforcement officers have, including not dismissing the event on the basis of mutual violence, and arresting the party believed to be the primary aggressor, even if there was mutual violence. Law enforcement also has the duty to provide immediate assistance to the victim.

What Should I Expect if I Am Accused of Domestic Violence in Rhode Island?

Facing a domestic violence accusation in Rhode Island can be a very overwhelming experience, and it’s important that you understand the legal process and what the potential consequences can be. The process you can likely expect includes:

1. The police arriving to the scene

   In Rhode Island, police officers require probable cause to arrest someone. Once they arrive at the scene, their first tactic is to separate the individuals involved and speak with all the witnesses to assess if there’s probable cause to charge someone with a domestic violence crime or another crime.

   At this point, it is important to understand that you are talking with the officers without an attorney present at the scene. Any statements that you make may potentially be used as evidence against you in court. To avoid this, it’s advisable that you remain silent when you’re questioned by the police and ask to speak with a lawyer.

   It is also important to avoid speaking with witnesses, family members, friends, or neighbors until you’ve consulted with a criminal defense attorney who can guide you on how to proceed. Anything you tell other people could also potentially be used against you in court one day.

2. Arrest and No Contact Order (NCO)

   If the police determine there was probable cause that you committed a domestic violence criminal offense, you can be arrested. This means that as part of your bail condition for the domestic violence charge, the court would likely issue a No Contact Order (NCO), which prevents you from contacting the alleged victim. Once it’s issued, it is not easy to modify or lift it.

   In addition to a No Contact Order, you may also face civil restraining orders issued by the District or Family Court, if they are requested by the alleged victim. These orders can include specific directives related to property, pets, child custody, etc.

   Violating a restraining order can result in additional criminal charges and even cause you to be held without bail in jail during your criminal case. At this point, it is vital that you consider hiring a criminal defense lawyer who can help you defend against the charges and strategize your defense against the case.

3. Arraignment

   After you’re arrested, you have to attend an arraignment. This is your first appearance in front of a judge. The court confirms your personal information and formally reads the charges. Then you have to enter a plea to the charges (not guilty, guilty, or nolo contendere).

   If a No Contact Order has not been issued, it would likely be issued at this point. The court may also extend the No Contact Order that has been previously issued. The court tries to determine what your bail should be, who your lawyer is going to be, and a new court date.

4. Pre-trial

   If you plead not guilty, your case then proceeds to a pre-trial phase so the process of discovery can begin. This is when your attorney exchanges information with the prosecution and police. This includes police reports, statements, any video or audio recordings, and other evidence.

   In addition to the discovery process, your defense attorney may attempt to negotiate with the prosecution to either reduce or even dismiss the charges or form some other resolution. If a resolution cannot be reached, then the case would likely proceed to trial.

5. Trial

   In Rhode Island, misdemeanor domestic violence trials in the District Court are decided by a judge (this is called a “bench trial”), with the option to appeal for a jury trial in the Superior Court. Felony domestic violence trials are heard in the Superior Court. These can involve pre-trial motions, jury selection, opening arguments, witness testimonies with cross-examinations, potential rebuttals, and closing arguments.

   After all of the evidence is presented in Superior Court at a jury trial, the jury deliberates based on instructions from the judge, and a unanimous verdict is required for conviction. The outcome is a verdict of guilty or not guilty, or a hung jury if they cannot agree.

What Are Some Defenses to Domestic Violence in Rhode Island?

Some defenses for domestic violence charges can include:

• Self-defense. Depending on the circumstances, it is possible to argue that you defended yourself with reasonable force.
• False accusations. It did not happen, or the alleged victim is lying.
• Not a domestic relationship. While you may still be charged with another offense, you may be able to avoid a domestic violence offense.

What is the Rhode Island Batterer’s Intervention Program?

If you’re convicted of a domestic violence charge in Rhode Island, you are required to enroll in and successfully complete a Batterer’s Intervention Program. These programs are group sessions led by trained facilitators or counselors specializing in domestic violence.

The classes typically consist of a minimum of 20 weekly sessions, lasting one to two hours each, with participants required to pay a fee and adhere to strict attendance and punctuality rules. If you fail to attend or actively participate, it can result in a probation violation and potentially lead to jail time.

Batterers Intervention Programs are distinct from substance abuse or mental health counseling programs. They focus on helping individuals identify abusive behaviors, develop non-abusive reactions, and improve communication skills with their partners.

There are some certified places to complete the program, and you can find a list of providers and more information here at Rhode Island Coalition Against Domestic Violence (RICADV).

False Accusations of Domestic Violence in Rhode Island

False accusations of domestic violence in Rhode Island can have devastating consequences for the accused. Unlike other false crime reports, accusers in domestic violence cases are rarely charged for making those false claims, as the legal system prioritizes encouraging genuine victims to come forward.

Unfortunately, this well-intentioned and generally beneficial approach sometimes leads to the misuse of domestic violence charges.

False allegations sometimes appear during a divorce and child custody battles, sometimes used as a tactic for leverage or revenge. The consequences of these unfounded accusations are severe since they can potentially impact child custody, employment, and financial stability, and they can even lead to jail time. Innocent individuals face significant emotional and legal burdens. At the same time, false accusations undermine the credibility of true victims of abuse.

In Rhode Island, a skilled criminal defense lawyer can counter false accusations by uncovering inconsistencies, investigating relationship histories, and obtaining vital evidence like medical records, counseling histories, or videos to show the false accusations.

If you’re facing false accusations, it’s crucial to work with a criminal defense attorney, like the attorneys at Ellison Law LLC. We understand the complexities of these cases and can safeguard your rights and reputation.

What Is the Rhode Island Domestic Violence Prevention Act?

The Rhode Island Domestic Violence Prevention Act, codified in Chapter 29 of Title 12 of the Rhode Island General Laws, acknowledges domestic violence as a serious crime and aims to provide victims with maximum legal protection under the law.

This Act mandates law enforcement to treat domestic violence incidents with the same severity as crimes between strangers, ensuring consistent enforcement regardless of the relationship between the involved individuals.

It lists the definition of domestic violence, the criminal penalties associated with repeat offenses, and the duty of a law enforcement officer in domestic violence incidents. The Act also emphasizes the enforcement of protective orders, including those issued by other jurisdictions to safeguard victims across state lines.

What Should I Do if I Have a Domestic Violence Charge in Rhode Island?

If you are charged with a crime of domestic violence or if someone seeks a protective order against you, you should contact a skilled Rhode Island Criminal Defense Lawyer as soon as possible.

The attorneys at Ellison Law LLC have managed countless domestic violence charges, and they are able to create a unique strategy on how to most effectively defend your case. They can conduct their own investigation into the case, request and analyze the evidence in discovery, and help defend your rights.

Do not wait to contact Ellison Law LLC today at 401-329-9808.