If you have been falsely accused of domestic violence, you need the help of an experienced domestic violence attorney on your side. Rhode Island domestic violence lawyer, Stefanie A. Murphy, knows that there are two sides to these stories, and she makes sure that the defendant’s story is heard and that their rights aren’t violated. We understand that there are many situations in which these claims serve as leverage for the victim, and how emotions tend to boil over on both sides. Conviction of a domestic violence charge not only is likely to cost you your freedom, it comes with a stigma that may affect the rest of your life. Get the experienced help you need by calling our Rhode Island office today!
Domestic violence is intentional and abusive behavior based on an unequal position of power and control between two people. Domestic violence can include physical or mental abuse that is used to control another with whom they have a close or family relationship with. Unfortunately, domestic violence is common in intimate relationships. A relationship can turn sour and if it does, affection might turn into resentment, hate or even physical violence.
Marriages that descend into separation and divorce are famous for prompting violence and threats. However, the concept of domestic violence is not limited to marriages – even living in close quarters with someone else can provoke extreme behavior between cohabitants. At the Marin, Barrett & Murphy, our Rhode Island domestic violence lawyers will help you maintain your innocence if you are truly innocent.
Rhode Island law specifies a list of 16 crimes that could amount to domestic violence. Among them are:
The statute states that domestic violence isn’t limited to these offenses, leaving the door open to claims that other offenses may also qualify as domestic violence.
These crimes become domestic violence crimes when committed by one member of a family or household against another member of that family or household. Relationships deemed by law to be included in the category of “family or household” include:
The punishment for the domestic violence offense is an increase in the sentence for the underlying crime.
By law, the police are mandated to arrest any person that they have probable cause to believe has committed domestic violence consisting of:
The fact that probable cause is all that is required to justify the arrest means that the police have tremendous leeway in deciding when to arrest. They can arrest a defendant even when the victim does not want the person arrested. The arrest can be made without a warrant if it is within 24 hours of when the crime occurred; after that a warrant is required.
At the time of your arrest, you will be given a court date and also a copy of a no-contact order. The no-contact order is exactly that, you cannot contact that person in any way. If you do, you will be subject to a new charge and bail can be revoked.
It’s important you contact a skilled Rhode Island domestic violence attorney to represent you for these charges. This is especially recommended if you did not commit a crime and/or the complaining witness does not want to proceed on the charges. Contacting a qualified domestic violence lawyer right away will give you access to his or her knowledge of the court process. It will also help you get a plan together to dispute the charges.
At your first court appearance, your arraignment, you should enter a plea of not guilty. The judge will most likely continue the no-contact order unless the complaining witness appears and requests that a no-contact order is not needed.
The Court will give you a date for a pre-trial conference where you would go back to court and your domestic violence attorney will speak with the prosecutor and try to get the case dismissed
Verbal abuse is considered domestic violence but it all depends on what was said in order to determine if the abuse is a crime. Many times verbal abuse is a ground for one person to get a restraining order on the other person.
There are many types of domestic relationships. Some but not all qualify in Rhode Island as being a domestic relationship. Examples of these relationships are: Parents, siblings, wives, husbands, siblings, children, anyone who lives in the same household as you which can include roommates.
Penalties for domestic violence offenses depends on what the offense is. For example, misdemeanors carry up to one year in jail maximum sentence while felonies can significant jail time especially for repeat offenders. There more serious the offense the harsher the penalties.
Police will investigate the incident the same way they investigate all calls. Police will respond to the scene or ask you to come in to make a statement. At that point, the police will decide what to do with the information. Police should speak to both sides and any witnesses who were present. If there is a domestic disturbance of any sort and police arrive on the scene, one or more people may be arrested.
As a Rhode Island criminal defense lawyer, I have had many clients in this situation and what I always do is investigate the situation and the incident myself. Speak with witnesses, review statements from the complaining witness and anyone else. Look into the domestic relationship and any history of prior police involvement and any history of exaggeration by the complaining witness. Many times there are videos, phone messages, social media posts or texts that will help prove innocence.
Speak to a Rhode Island domestic violence lawyer right away and get legal help and advice.
You have all the rights that any other defendant has and that includes the presumption of innocence. It is up to the State or town to prove each and every element beyond a reasonable doubt. You have the right to hire an attorney and fight to get the charges dismissed.
Many times the prosecutor will have to decide if she or he can prove the case beyond a reasonable doubt without the accuser there to testify. Many times, if the accuser is unwilling to help in court the case will get dismissed.
You can always file a police report and depending on what the accusation is then the police will look at the statue of limitation to determine whether or not a person can get charged with a crime.
The formation of Marin, Barrett & Murphy signifies a strengthened alliance dedicated to providing exceptional legal services. Clients can expect a collaborative approach that combines deep legal expertise with a steadfast commitment to achieving favorable outcomes.
We take the time to make sure you understand all your legal issues, risks and consequences, that starts at your free evaluation.
Stefanie Murphy's experience as a prosecutor allows her to build strong cases knowing the procedures and strategies of how the authorities will prosecute your case.
We provide 5 star individualize care for every one of our clients and cases, while protecting your freedom and legal rights.
At Marin, Barrett, and Murphy, we believe every client deserves a powerful defense and an unwavering advocate. Our team is built on decades of courtroom experience, led by skilled trial attorneys who don’t back down. Whether you’re facing a DUI, drug charge, or serious criminal allegation, we bring a relentless, strategic approach to every case—fighting for your rights, your future, and the outcome you deserve. When the stakes are high, we’re in your corner
