The Intersection of Family Law and Criminal Law in Rhode Island – Untangling the Web!
third party. The accused must be careful not to violate the no contact order.
<b>When does a no contact order in Rhode Island (RI) expire? </b>
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!
<b>What happens if a person on bail, probation, filing or suspended sentence violates a no contact order?</b>
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.
<b>Rhode Island Family Court restraining orders: (1) Complaints Protection from Abuse and (2) ‘Civil restraining orders’ and how they relate to criminal law</b>
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.
<b>Is Violating a Family Court restraining order which is not an order protection from abuse a crime? </b>
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.
<b> In a complaint protection from abuse case in Rhode Island can the Court get involved in Child custody, visitation and child support. </b>
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