Domestic Violence Defense

What is Domestic Violence in Relation to Criminal Law?

Domestic violence is enumerated charges which involves adult people who are related by blood or marriage. This sometimes involves co-habitants as well, such as people living in the same building or apartment even if they are not related by marriage or blood. That is what makes a case domestic for the most part.

Do I Need an Attorney for a Domestic Violence Charge?

For domestic violence charges, it is very important to have an attorney because the charge carries with it enhancements. If you are convicted of a domestic violence crime in Rhode Island a second time, you face a mandatory minimum of ten days in jail, and on a third domestic violence conviction you are facing a mandatory minimum of one year in jail regardless of whether it is a misdemeanor or felony. It is an automatic felony if it is a third offense domestic assault calling for a maximum of ten years but a minimum one year to serve. Therefore, before people take what is offered to them at arraignment on a domestic violence charge, they need to be entirely aware of what they are getting themselves into. If you have somebody who has a need or a requirement that they possess a weapon, a job or otherwise, even if you have a domestic no contact order against you, you may not be able to carry a weapon. Generally speaking, the police departments will take the weapons while the person is pending a criminal charge for a domestic nature.

What sets you apart from Other Attorneys in Domestic Dispute Cases?

Specific experience sets our firm apart from other attorneys. I was assigned specifically to a domestic violence unit at one point in my time as prosecutor. I think all of us have dealt with domestic cases. You deal with them frequently when you are in the prosecution world. You acquire an understanding of the difficulties that are involved and the emotions that are involved.

How do you make the Legal Process Regarding Domestic Violence Easier for your Clients?

We have been involved in so many domestic violence cases and, naturally, understand how emotional these situations are. When you say domestic violence, it is a hot button issue. A lot is just diffusing that, and just talking to the people involved. We understand that in domestic situations there is always the potential that there is going to be police involvement, and we speak to people at their level calmly explaining the situation and possible consequences.

What is a Restraining Order/Protective Order Violation (Violating a No Contact Order)?

Basically, a no contact order complaint can be filed in the district court or the family court to obtain a restraining order or a protective order. If the law is met and the order is properly served, then any further contact between the defendant and the complainant becomes a criminal offense of violating a no contact order. If, however, you have prior convictions of a domestic nature and then you violate a no contact order with two prior convictions, that third offense is, in and of itself, a felony calling for that one year mandatory prison sentence.

Why Choose MDA Legal?

With the almost thirty years of experience our firm has collectively, been involved in virtually every type of domestic violence case there is. We have the knowledge and resources to aggressively help you prepare a defense against the charge. Like any other charge, we evaluate it to see if there is merit to it, whether it is ripe for a motion to dismiss, or suppress evidence, or a reduction. We sit down with a client and review all the evidence the government has and make assessments, interview witnesses, and go from there. We understand that not everything is as it appears, so we dig and try to help our clients prepare an aggressive defense.

Martineau Davis & Associates is committed to aggressive advocacy for our clients while maintaining the highest level of professionalism, integrity, and ethical standards. If you have been charged with a Domestic Violence charge, take a proactive stance to learn your rights from an experienced Family lawyer who will put the law on your side. Contact us at 401-234-0751.

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