Rhode Island Domestic Assault & Battery Lawyer
Contact a Rhode Island Domestic Assault Attorney – 401-861-1155 or CLICK HERE
Most Recent Wins
Criminal Charges:
Domestic Assault and Battery; Domestic Vandalism; Failure to Relinquish Phone
Police Report: Newport Police respond to a report of yelling and screaming at approximately 2:00am. When they arrive alleged victim tells police that Client struck her, smashed her cell phone when she tried to call for help, and prevented her from using the home phone to call police. Client admits to taking the phone out of the alleged victim’s hand and smashing it against a wall.
Result:
Domestic Assault and Battery: DISMISSED
Domestic Vandalism: DISMISSED
Failure to Relinquish Phone: DISMISSED
Criminal Charges:
Domestic Assault and Battery
Police Report: Client’s son, who resides at home with his parents, refuses to obey a request of the Client to clean up his room and get dressed appropriately for anticipated company. Son refuses and begins a verbal argument with Client. Client smacks son in face with an open hand. When Smithfield police arrive they notice red marks on son’s face and Client admits to hitting his son.
Results:
DISMISSED
Criminal Charges:
Domestic Assault and Battery
Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.
Results:
DISMISSED
Criminal Charges:
Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Results:
DISMISSED
Criminal Charges:
Domestic Assault and Battery
Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.
Results:
DISMISSED
Criminal Charges:
Domestic Assault and Battery
Police Report: Client is alleged to have struck her daughter in the mouth while they were driving together in a car. Burrillville Police observe redness to daughter’s face, and Client confesses to the police that she hit her daughter.
Results:
DISMISSED
Criminal Charges:
Domestic Assault and Battery; Violation of Suspended Sentence and Probation
Police Report: Mother of Client’s child and Client get into verbal altercation in a rented motel room. Alleged victim reports that Client slapped and choked after an argument over money. Police respond to the motel, and observe red marks and bruising on the alleged victim’s face and neck. An independent witness renting the room adjacent to Client’s room reports hearing a woman screaming “don’t hurt me” and “get off of me”. Client was on a 10 year suspended sentence and probation from a prior conviction.
Results:
VIOLATION OF PROBATION WITHDRAWN; CHARGES DISMISSED
Criminal Charges:
Harassing Phone Calls / Texts Messages Domestic
Police Report: Alleged victim, and former girlfriend of Client, reports to police that over the course of 2 days Client makes over 50 text messages threatening her, and the lives of her family. Alleged victim is able to show the police the actual text messages, and the police take photographs of the threatening text messages.
Results:
DISMISSED
Contact a Rhode Island Domestic Assault Attorney – 401-861-1155 or CLICK HERE
Rhode Island has very tough domestic violence laws, and the state is looking to make them even tougher.
Restraining orders, Allegations of Physical, Sexual or Psychological abuse. No one should have to deal with what you are facing when you and your family are in crisis.
Rhode Island Domestic Violence Lawyer Joshua Macktaz provides legal counseling that comes with years of experience in dealing with abuse and abuse cases as both a State Prosecutor and Private Attorney. You do not have to do this alone. If you are a client, he will work with you to present these difficult facts to the Court.If you have been a victim of domestic violence, you should contact the police.
Even if you cannot afford an attorney, you should take action to protect yourself, which probably means filing for a restraining order. The Family Court offices in Providence, Kent and Washington Counties have assistants that will help you file your complaint. Of course, we provide direct, one-on-one assistance to clients in filing for restraining orders and in connection with the hearings that arise after a restraining order has been filed.
If you need us, call.If you have been served with a restraining order, you need representation. Unfortunately, the restraining order process is sometimes abused to secure an advantage in a divorce, or as a means to punish a spouse where there is no real threat, and both parties' emotions are out of control. You can call our office 24/7, and we will assist you in responding to the restraining order and the related family issues that arise.
Restrating Orders are only part of Domestic Violence. Domestic violence is actually an umbrella that encompasses many different laws and adds stricter penalties (and often stricter enforcements) for alleged crimes against when the accuser has a domestic relationship with a victim.Prosecutors can be very aggressive in filing domestic violence charges due to the intensely political nature of the charges, and publicity that goes along with it.
Domestic assault & violence charges, along with DUI, have powerful advocacy and lobbying groups that challenge politicians in these cases.Therefore, if you have been charged with a Rhode Island Domestic Violence crime it is imperative that you get a criminal defense lawyer on your case and on your behalf immediately. We can help you to minimize the risks and damage you are facing. Call Attorney Macktaz for a free initial consultation on your case, and he can tell you what he can do to protect and defend your rights.
Contact a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK HERE
What Relationships Qualify under the RI Domestic Violence Act?
For a crime to be designated as a domestic violence offense, the victim and the defendant must be family or household members, which includes:
- husband/wife/spouses or former spouses
- adult persons related by blood or marriage
- adult persons who are presently living together (roommates) or have lived together within the past 3 years
- people who have a child in common
- people who are or have been engaged, or in a significant dating relationship within the past year as determined by the court, based on length and type of relationship, time/duration of relationship, and frequency of interaction between the two individuals
What Crimes/Charges Are Included Under Rhode Island's Domestic Violence Statutes?
- Assault & Battery
- Kidnapping
- Child Snatching
- Sexual assault
- False imprisonment
- Harassment
- Stalking
- Disorderly Conduct
- Trespass
- Vandalism
- Homicide/Murder
- Violations of a Protective Order / Restraining Order / No Contact Order (RONCO)
- Arson (proposed)
- Burglary (proposed)
- Damage to or obstruction of a telephone (proposed)
- Assault - RI Laws & Penalties
Contact a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK HERE
How to Beat an Domestic Violence Related Charge in Rhode Island
Domestic violence charges can be frequently overcharged. One element of the charge that can be often challenged is the relationship between unrelated people who don't live together. The classification for a relationship between "dating" or previously involved parties is subjective, and can be disputed. It is possible for a person to wrongly claim that such a relationship applies in accordance with this law.
Other defense strategies may involve agreeing to anger management or a batterer's intervention program in exchange for a reduction in the charges. These options may depend on the willingness (or unwillingness) of the victim to testify in court, since the victims statement is often the best evidence the state has in its prosecution.
Other defenses are possible depending on the case but it's important that you have a qualified and experienced Rhode Island Domestic Violence attorney involved quickly.
Contact a Rhode Island Domestic Violence Attorney – 401-861-1155 or CLICK HERE
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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