No Contact Orders are issued automatically at the beginning of every domestic violence case, including cases such as domestic assault and battery, domestic disorderly conduct, domestic vandalism, domestic stalking, and domestic sexual assault. Once a no contact order has been issued by the Court or the Police Department, as a criminal defendant you are in a very serious situation. If you are caught making contact or attempting to make contact with the complaining witness, you will be arrested. You will be charged with a new substantive misdemeanor crime of Violation of a No Contact Order and your bail will be revoked on the original charge. When your bail is revoked pursuant to Rule 46G of the Rhode Island Rules of Criminal Procedure, YOU WILL SPEND AT LEAST TWO WEEKS IN PRISON before you will get the opportunity to explain your actions.
SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE
If you are being investigated by the police for a potential violation of a no contact order, it is vital that you contact a skilled Rhode Island Criminal Defense Lawyer to speak on your behalf. I understand that you have your own side of the story, and I can help you tell your story to the proper authorities without you risking further incriminating yourself. Do not try to explain your side of the story without speaking with an experienced lawyer first. Anything you say WILL be held against you in court and you WILL spend two weeks in prison before you even get an opportunity to explain yourself. If you are under investigation or have been charged with violating a no contact order you need to contact the experienced Rhode Island Domestic Violence Defense Lawyer Matthew Marin immediately so that a proper defense can be prepared and a strategy can be built to avoid spending even one minute in prison. Some defenses that Attorney Matthew Marin will immediately begin investigating include:
• Proper service of process and notice regarding the No Contact Order;
• Expiration of the No Contact Order;
• Initiation of the Contact by the Complaining Witness;
• Lack of Proof / Lying on the Part of the Complaining Witness;
• History of Lying on the Part of the Complaining Witness.
The consequences of a conviction for Violating a No Contact Order vary depending on the facts of each and every case, the history and background of the defendant and victim, and the circumstances leading to the implementation of the no contact order. However, the act of violating a no contact order is a misdemeanor offense in Rhode Island carrying a maximum of one year in jail and a $1,000 fine. In addition, the violation of a Domestic No Contact Order carries with it the Domestic Violence Prevention Act Penalties including MANDATORY attendance at a 12 week batterers intervention class. Given the severe penalties and the real risk that you could spend time in prison, even with a clean criminal record, require that you hire a serious and skilled Rhode Island Criminal Defense Lawyer.