Anyone, regardless of their criminal history, can be hit with a restraining or protective order. However, if you are convicted of violating a restraining order or protective order, you will have a permanent conviction on your criminal record. Attorney Matthew Marin helps protect the rights of people accused of violating restraining orders. 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.
Police, Prosecutors and Judges consider those accused of violating a restraining order as a danger to society simply because of the allegation that has been made against you. If you have been charged or are under investigation for violating a restraining order, you are under serious risk of spending time in prison even if you have no prior criminal record. 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 Restraining Order;
• Expiration of the Restraining 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 Restraining 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 protective order. However, the act of violating a restraining 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 Restraining 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.
I take my job as criminal defense attorney very seriously, and work relentlessly to achieve the very best result for my clients in and out of court. I strongly believe that a well-planned defense strategy and the assistance of an experienced and skillful criminal defense attorney can make all the difference between a criminal conviction - and a verdict of “not guilty.”
§ 15-15-3 Protective orders – Penalty – Jurisdiction.
(h) Any violation of the protective orders in subsection (a) of this section shall subject the defendant to being found in contempt of court.
(2) The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to exceed three (3) years, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse. The court may modify its order at any time upon motion of either party.
(i) Any violation of a protective order under this chapter of which the defendant has actual notice shall be a misdemeanor which shall be punished by a fine of no more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
(2) The penalties for violation of this section shall also include the penalties as provided by § 12-29-5.