Rhode Island Family Law on Domestic Violence

Abuse can strike anywhere, including close to home. Domestic violence involves specific abusive crimes occurring between people sharing close, personal relationships. The state of Rhode Island‘s Domestic Abuse Prevention Act offers protection to victims and punishment to abusers.

The first step to stopping domestic violence in a victim’s life is having a thorough understanding of what it is. In this article, we’ll explain Rhode Island‘s definition of domestic violence, the resources available for victims, and how it can affect divorces and child custody. Read on for a detailed look at domestic violence under Rhode Island family law.

Rhode Island Family Law on Domestic Violence – Defining Domestic Violence

Domestic violence, also sometimes referred to as domestic abuse, encompasses abusive or violent crimes that happen between people involved in certain relationships. Both elements are required to receive a domestic violence classification. This gives victims access to specialized programs and protections. It also invokes additional penalties for abusers. Let’s examine the requirements.

Domestic Violence and Rhode Island – Offenses

There’s no single offense under Rhode Island law that’s considered domestic violence. An abuser can use an array of abusive acts to gather and maintain power and control over their victim. They seek to keep their victim feeling hopeless and helpless through a vicious cycle of threats, intimidation, violence, and abuse.

The following criminal acts are eligible for domestic violence classification in Rhode Island:

• Simple assault
• Felony assault
• Domestic assault by strangulation
• Arson
• Sexual assault
• Stalking
• Kidnapping
• Child-snatching
• Homicide
• Vandalism
• Disorderly conduct
• Trespass
• Refusal to relinquish a phone
• Damaging or obstructing a phone
• Burglary and unlawful entry
• Cyberstalking and cyberharassment
• Electronic tracking of automobiles
• Violation of a protective order or no-contact order

If one of these acts occurs between family members or household members in Rhode Island, it’s considered domestic violence. Crimes that fall under these categories can also qualify. For example, harassment is part of stalking. The court can rule that other offenses are eligible.

Domestic Violence and Rhode Island – Participants

In Rhode Island, there’s no such thing as a domestic violence offense between two strangers. In addition to qualifying crimes, domestic violence requires the unwilling victim and their abuser to have a close relationship. The effect of domestic violence on family dynamics is often devastating.

Domestic violence doesn’t only occur between spouses. The following people and relationships are considered potential participants in domestic violence offenses:

• Spouses
• Former spouses
• Adults related by marriage (in-laws and stepfamily)
• Adults related by consanguinity (blood relatives)
• Former family members
• People who have a child in common (regardless of their current relationship)
• People in a substantive dating or engagement relationship together (subject to ruling by the court for qualification)
• People who were in a substantive dating or engagement relationship together within the past year
• Cohabitants (people not related by blood or marriage who don’t have a child in common but reside together)
• People who were cohabitants within the past three years

If there’s a qualifying relationship matched with an abusive offense, it’s domestic violence in Rhode Island. While all listed are eligible, relationship statuses can affect which protective order they can apply for.

Rhode Island Family Law on Domestic Violence – Incidents and Penalties

If you’re suffering abuse or are in imminent fear of physical harm, call 911. Rhode Island law enforcement receives specialized training at the Providence police academy for domestic violence calls. The responding police officers can arrest an abuser if they have probable cause to believe domestic violence occurred.

Law enforcement officers at the scene of a domestic violence incident have certain required types of assistance to offer. These include:

• Medical treatment, including transportation if necessary
• Informing the victim of their right to file for a protective order
• Informing the victim of available domestic violence services and shelters
• If no arrest is warranted, staying with the victim until they can make a safe exit from the premises or the abuser leaves
• Informing the victim that they have the right to file a criminal complaint

Officers are required to file a domestic violence report on the incident. These are sent to each agency’s domestic violence unit.

Instead of making a direct enhancement to the sentence for a crime deemed domestic violence, Rhode Island uses a different approach. Each instance of domestic violence faces a separate charge that increases in severity for repeat offenders:

• First domestic violence offense: Mandatory batterer’s intervention program at the respondent’s expense; a fine of $125 shared between the Rhode Island Coalition Against Domestic Violence (80%) and the state general revenue fund (20%); and the issuance of a no-contact order (NCO) that stays in effect through all proceedings and any sentence that may follow
• Second domestic violence offense: Imprisonment between 10 days and one year
• Third or subsequent domestic violence offense: Imprisonment of between one and 10 years as a felony offense

The incarceration terms are not subject to suspension.

Rhode Island Family Law on Domestic Violence – Protections, Programs, and Family Matters

Rhode Island domestic violence laws do more than enhance penalties for abusers. They help victims through various protective orders, resources, and court rulings.

Rhode Island Restraining Orders

Victims of domestic violence can find relief through Rhode Island protective orders. These restraining orders use provisions tailored to the specific details of each case. In addition to ordering the abuser to stay away from and have no contact with the victim, protective orders can make temporary rulings on child custody, child support, housing, and prohibiting firearms possession.

Where you go to apply for an order depends on your relationship. If you cohabitate with your abuser or are in a serious dating relationship without children, it’s considered domestic abuse, and you’ll file in district court. Victims in all other relationships will file at family court.

Temporary orders last 21 days or until the final court hearing. If the court agrees that an abuser is an ongoing threat, a final order is issued and lasts up to three years. A violation of any protective order is a misdemeanor and carries up to one year in jail and a fine of up to $1,000.

If an abuser is charged with a domestic violence offense, the court issues a no-contact order for the duration of the proceedings and any ensuing sentence. All restraining orders are entered into the Restraining Order No-Contact Orders system (R.O.N.C.O.).

Rhode Island protective orders are important, and there’s a lot to know about them. We’ve dedicated an entire article to Rhode Island restraining orders. It can help you decide which order you need and show you how to get it.

Address Confidentiality Program

Victims who escape their abusers don’t want to be found again. Rhode Island‘s Address Confidentiality Program helps make this possible by providing victims with a second legal mailing address. This is used for public records such as marriage licenses, driver’s licenses, and voter registration. First-class mail is forwarded to the victim’s actual address. There’s no charge for this program.

Divorce and Custody Proceedings

Domestic violence offenses can affect divorces and child custody rulings. You may not have to participate in divorce mediation, or safe arrangements can be made. The court can issue a no-contact order for the length of the proceedings if there’s a history of domestic violence. Ask your family law or domestic violence lawyer for legal advice on these matters.

When it comes to child custody, courts are tasked with acting in the best interests of the child. In most instances, this means having both parents involved in the raising of and decision-making for the minor child. However, being around an abusive parent isn’t optimal. The court can rule to limit visitation rights, order supervised visits, or, in extreme cases, deny parenting time.

To permit a domestic violence offender to retain shared custody and visitation rights, the court can order any of the following:

• The abuser must attend and complete a certified batterer’s intervention program
• The abuser must attend a substance abuse program
• The abuser must file a bond with the court
• The address and telephone number of the child should be kept confidential
• All exchanges of the child must occur in a protected setting or be supervised by another person or agency
• The abuser must abstain from possession or consumption of alcohol or controlled substances during a visitation

The court can add any other condition it considers necessary. This includes the issuance of a protective order.

Rhode Island Family Law on Domestic Violence: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence Resources – Rhode Island Coalition Against Domestic Violence
• Rhode Island Courthouse Locations and Directions
• Rhode Island Protective Orders Laws
• Domestic Violence FAQ

Issues With Domestic Violence Under Rhode Island Family Law? An Attorney Can Help

Nobody should have to suffer abuse. If you need assistance escaping an abuser, speak with a Rhode Island domestic violence attorney. A law office dedicated to the advocacy of helping domestic violence victims can aid you in finding an abuse-free life.

If you’re facing domestic violence charges, talking to an experienced Rhode Island criminal defense attorney who specializes in domestic violence cases is a necessity. Their knowledge of the legal system and how to handle criminal charges and false accusations can help you achieve the best possible outcome.