Rhode
Island Domestic Violence Lawyer
Contact
a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK
HERE
Rhode Island
has very tough domestic violence laws,
and the state is looking to make them even tougher.
Restraining
orders. Allegations of Physical, Sexual or Psychological
abuse. No one should have to deal with what you
are facing when you and your family are in crisis.
Rhode
Island Domestic Violence Lawyer Joshua
Macktaz provides legal counseling that comes with
years of experience in dealing with abuse and
abuse cases as both a State Prosecutor and Private
Attorney. You do not have to do this alone. If
you are a client, he will work with you to present
these difficult facts to the Court.If you have
been a victim of domestic violence, you should
contact the police.
Successful Recent Rhode Island Criminal Case Defenses by Attorney Macktaz
Criminal Charges: Domestic Assault and Battery
Police Report: Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.
Result: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Result: Count One: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Result: Count One: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Client is alleged to have struck her daughter in the mouth while they were driving together in a car. Burrillville Police observe redness to daughter’s face, and Client confesses to the police that she hit her daughter.
Result: Count One: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.
Result: DISMISSED
Criminal Charges: Domestic Assault and Battery;
Violation of Suspended Sentence and Probation
Police Report: Mother of Client’s child and
Client get into verbal altercation in a rented motel room. Alleged
victim reports that Client slapped and choked after an argument
over money. Police respond to the motel, and observe red marks and
bruising on the alleged victim’s face and neck. An independent
witness renting the room adjacent to Client’s room reports
hearing a woman screaming “don’t hurt me” and
“get off of me”. Client was on a 10 year suspended sentence
and probation from a prior conviction.
Result: VIOLATION OF PROBATION WITHDRAWN; CHARGES DISMISSED
Click Here to view recent Successful Criminal Case Defenses
by Attorney Macktaz
Even if
you cannot afford an attorney, you should take
action to protect yourself, which probably means
filing for a restraining order. The Family Court
offices in Providence, Kent and Washington Counties
have assistants that will help you file your complaint.
Of course, we provide direct, one-on-one assistance
to clients in filing for restraining orders and
in connection with the hearings that arise after
a restraining order has been filed.
If you
need us, call.If you have been served with a restraining
order, you need representation. Unfortunately,
the restraining order process is sometimes abused
to secure an advantage in a divorce, or as a means
to punish a spouse where there is no real threat,
and both parties' emotions are out of control.
You can call our office 24/7, and we will assist
you in responding to the restraining order and
the related family issues that arise.
Restrating
Orders are only part of Domestic Violence. Domestic
violence is actually an umbrella that encompasses
many different laws and adds stricter penalties
(and often stricter enforcements) for alleged
crimes against when the accuser has a domestic
relationship with a victim.Prosecutors can be
very aggressive in filing domestic violence
charges due to the intensely political
nature of the charges, and publicity that goes
along with it.
Domestic
assault & violence charges, along with DUI,
have powerful advocacy and lobbying groups that
challenge politicians in these cases.Therefore,
if you have been charged with a Rhode Island Domestic
Violence crime it is imperative that you get a
criminal defense lawyer on your case and on your
behalf immediately. We can help you to minimize
the risks and damage you are facing. Call Attorney
Macktaz for a free initial consultation on your
case, and he can tell you what he can do to protect
and defend your rights.
Contact
a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK
HERE
What
Relationships Qualify under the RI Domestic Violence
Act?
For a crime to be designated as a domestic violence
offense, the victim and the defendant must be
family or household members, which includes:
•
husband/wife/spouses or former spouses
• adult
persons related by blood or marriage
•
adult persons who are presently living together
(roommates) or have lived together within the
past 3 years
•
people who have a child in common
•
people who are or have been engaged, or in a significant
dating relationship within the past year as determined
by the court, based on length and type of relationship,
time/duration of relationship, and frequency of
interaction between the two individuals
What
Crimes/Charges Are Included Under Rhode Island's
Domestic Violence Statutes?
•
Assault & Battery
•
Kidnapping
•
Child Snatching
•
Sexual assault
•
False imprisonment
•
Harassment
•
Stalking
•
Disorderly Conduct
•
Trespass
•
Vandalism
•
Homicide/Murder
•
Violations of a Protective Order / Restraining
Order / No Contact Order (RONCO)
•
Arson (proposed)
•
Burglary (proposed)
•
Damage to or obstruction of a telephone (proposed)
•
Assault - RI Laws & Penalties
In addition to
charges under the specific criminal acts above,
if you are found guilty of domestic violence in
Rhode Island (first offense), you will be required
to attend a batterer's intervention program, and
face additional assessment fees. A second (2nd)
offense domestic violence conviction carries with
it a minimum of 10 days in jail, and a maximum
of up to 1 year. A third (3rd) offense domestic
violence conviction carries with it a minimum
of 1-10 years in prison.
Contact
a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK
HERE
How to Beat an Domestic Violence Related
Charge in Rhode Island
Domestic
violence charges can be frequently overcharged.
One element of the charge that can be often challenged
is the relationship between unrelated people who
don't live together. The classification for a
relationship between "dating" or previously
involved parties is subjective, and can be disputed.
It is possible for a person to wrongly claim that
such a relationship applies in accordance with
this law.
Other defense
strategies may involve agreeing to anger management
or a batterer's intervention program in exchange
for a reduction in the charges. These options
may depend on the willingness (or unwillingness)
of the victim to testify in court, since the victims
statement is often the best evidence the state
has in its prosecution.
Other defenses
are possible depending on the case but it's important
that you have a qualified and experienced Rhode
Island Domestic Violence attorney involved quickly.
Contact
a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK
HERE
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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