Rhode Island Domestic Defense Law Firm

Effective & Experienced Rhode Island Domestic Defense Attorney for Clients Facing False Allegations of Violence

Domestic violence, when the claim is legitimate, is a serious situation. However, there are many instances when someone calls the police and makes a domestic violence claim that is not based on reality.

False domestic violence claims can hurt the person accused in many ways.

At Assalone & Associates, LLC, we defend clients throughout Rhode Island against false domestic violence claims, and we help secure legal protections for those who have legitimate claims. One of the most important things we do as a Rhode Island domestic defense firm is to support the party who needs the defense, not the perpetrators of these crimes or those who want to make false claims of domestic violence.

Have been falsely accused of domestic violence? Begin discussing your case with an attorney from our Rhode Island domestic defense law firm now! Speak directly with an attorney at Assalone & Associates by calling (401) 589-5599or by contacting us online.

What are the Consequences of a Domestic Violence Claim?

Women most often bring false claims of domestic violence, usually in the context of a divorce or eroding relationship that will likely end up in a divorce. The consequences are high, so it is critical to fight domestic violence charges aggressively. The idea is usually to gain an upper hand in the divorce and custody proceedings.

False charges of domestic violence, when not defended against successfully, could result in:

• Loss of custody and visitation privileges
• Loss of spousal support
• Criminal consequences, including possible fines and jail time
• Forced inclusion on the sex-offender registry if you are dealing with a sex crime
• Generally limited standing in your divorce proceedings, making every aspect of the negotiations more difficult

Types of Domestic Defense Cases We Handle

Our Rhode Island domestic defense attorneys defend clients against all types of false domestic violence claims, including:

• Spousal abuse
• Child abuse
• Sexual abuse

Legal Defense For Victims Of Domestic Violence

Not all claims of domestic violence are false. When real domestic violence occurs, it is a dangerous, frightening situation. Our domestic violence attorneys in Rhode Island will help you obtain the legal defenses available to protect you and your children.

Restraining Orders in Rhode Island

In Rhode Island, a domestic violence restraining order is designed to protect victims of domestic abuse. Also known as a protective order, it prohibits the abuser from assaulting or molesting the victim, prohibits the abuse from contacting the victim, orders the abuser to leave or vacate the household, awards the victim custody of the minor children, orders the abuser to pay child support, and ensures the abuser gives up any firearms in their possession and restricts their ability to purchase or receive any firearms.

Violating a domestic violence restraining order in Rhode Island is a misdemeanor, which carries a maximum jail sentence of one year and/or a fine of up to $1,000. Additionally, the abuser must complete a mandatory 12-week batters intervention program.

Different Types of Restraining Orders

Both family court and district (criminal) court provide domestic violence victims with temporary and final restraining orders.

The following are the four different types of domestic violence restraining orders in Rhode Island:

1. No contact order (NCO)
   • If an abuser is charged with a domestic violence offense, an NCO is issued at the time of the arraignment. This protective order will remain effective throughout the duration of the criminal case, including through the length of the sentence.
2. Emergency order
   • If the courts are closed and a victim requires immediate protection, a police officer can obtain an emergency order on his/her behalf. A judge may grant the order over the phone to a law enforcement official. An emergency order expires at the end of the next business day, which gives the victim enough time to file a temporary order.
3. Temporary order
   • This type of protective order allows victims to receive protection from abuse until they can attend the full court hearing to obtain a “final restraining order.” You can apply for a temporary order during normal court business hours. If the judge believes that you are in immediate danger of domestic violence if you do not get a restraining order that day, you will be granted the order. A temporary order is valid for three weeks or 21 days.
4. Final order
   • A full court hearing is held and both sides have an opportunity to present evidence and prove their case. If you do not attend the hearing, your court-ordered protection will expire. If the abuser does not attend the hearing, you can still obtain a final order, so long as he/she was given proper notice of the hearing. A final order is valid for up to three years.

How Can I File a Restraining Order in Family Court?

According to the Rhode Island Supreme Court Domestic Violence Training and Monitoring Unit (DV Unit), you can apply for a temporary restraining order by going to the proper court and completing the necessary paperwork, including an affidavit, which is your sworn and written statement about the incident(s) that have made you fear for your safety or your child. The application must also include photograph identification.

Once you file the paperwork with the court, a judge will review the documents. The judge has the option of asking you questions. If the judge signs the order, a duly authorized officer will then serve the abuser with a copy of the temporary order.

If you want to obtain a final order, you may request to schedule a court hearing at the same time you apply for the temporary order. Remember, restraining orders are free of charge in Rhode Island.

What Can I Do If Someone Falsely Files a Restraining Order Against Me in Rhode Island?

If someone falsely files a restraining order against you in Rhode Island, it is important to take immediate action to protect your rights and clear your name. The steps you may consider taking are:

1. Gather evidence: Collect any evidence that supports your innocence or contradicts the allegations made against you. This may include:

   • Text messages

   • Emails

   • Witnesses

   • Any other documentation that can help establish the truth

2. Consult an experienced Rhode Island domestic defense attorney: It is crucial to seek legal advice from an experienced attorney who specializes in domestic violence or restraining order cases in Rhode Island. Our attorneys will guide you through the legal process, help protect your rights, and advocate for your innocence.

3. Respond to the allegations: Once you receive notice of the restraining order, you must respond within the specified timeframe. Failure to respond may result in the order being extended or made permanent. An attorney from our Rhode Island domestic defense law firm can help you prepare a detailed and persuasive response that addresses each false allegation.

4. Attend the hearing: If the case proceeds to a hearing, it is vital that you attend and present your evidence and arguments to challenge the validity of the restraining order. Your lawyer will represent you during the hearing and advocate for your innocence.

5. Consider a counterclaim: In some cases, it may be appropriate to file a counterclaim against the person who falsely filed the restraining order. We can help you assess the situation and advise you on the best course of action.

Remember, every case is unique, and the specific actions you should take will depend on the circumstances. Seeking legal representation promptly is essential to navigate the legal process effectively and protect your rights in Rhode Island.

Contact Our Rhode Island Domestic Defense Law Firm Today

At Assalone & Associates, our Rhode Island attorneys work together on all of our cases, which allows us to give you the best legal representation available and minimize costs. We will put our resources toward protecting you from false domestic violence charges or from real instances of domestic violence.

Our senior attorney, Veronica Assalone, is proficient in Spanish, French, German, Italian and American Sign Language. Our office assistant speaks Spanish.

MILITARY DISCOUNT AVAILABLE.

Talk with an experienced Rhode Island domestic defense attorney by calling (401) 589-5599. You can also contact us online to schedule a consultation today.