Law and Justice

Posts Tagged ‘Family’

Children are involved in the marriage, so you know there are going to be custody rights that need to be decided on. Child support will also have to be worked out. Begin your search for the right MN Family Law Firm as soon as possible. The phone book will yield a wealth of names, as well as a search on the Internet. Begin by researching the backgrounds of each attorney listed in the firm’s directory.

You are each going to have to enlist the services of an attorney because it is not customary to have the same lawyer handle the case for both of you when there are certain issues like support and custody involved. The only time it is recommended is if you and your spouse are in complete agreement, have worked out all the terms between yourselves, and just need the services of an attorney associated with a reputable MN Family Law Firm to file the necessary paperwork for you.

This is rarely the case, however. Somewhere along the line one of the parties involved will object to something the other is asking for, and then the fireworks are liable to start. What started out as a friendly, amicable divorce may escalate into a bitter court battle that may tend to drag on for a very long time, or at least until one party or the other is willing to concede to the demands. The attorney you have hired at the MN Family Law Firm will be able to apply his or her expertise to working out an agreement that will eventually make everyone happy, but this can take considerable time, especially if the lawyer your spouse has retained is being overly aggressive in the interest of his or her client.

The two attorneys will meet, with or without you and your spouse, to discuss the options and come up with a plan that will enable both parties to walk away from the marriage with their pride intact, along with any assets that may have been the cause of the difficulties. A good, solid MN Family Law Firm is needed to work with the family to see that all ends well for the involved parties, and the divorce decree is finally granted without having to go to court and putting all your private matters on display. It will be less traumatizing for any children if they can see that their parents are trying to work through the issues instead of constantly battling each other for control.

Brown Family Law is a MN Family Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our MN Family Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

Incoming search terms:

Because our family courts are not setup to protect the rights of litigants but a so-called ‘higher good’, it’s ripe for distributing injustice and persecution – mostly to fathers and their children. This article explains why.

Thomas Jefferson stated that trial by such a jury is the only anchor yet known to man to hold the state to the principles of the constitution so as not to leave the protection of the individual solely up to the government or judicial elites.

It’s through the jury that ‘the people’ participate in the judicial process and rein in unconstitutional or unreasonable laws and judgments of the state. Without the protection of a jury trial, tyranny will surely reign.

*Our most fundamental rights are in jeopardy in family court for doing no wrong:

At stake are your right to parent your child, to control and choose your income and profession, your right to maintain your professional and driver’s licenses, your right to have or maintain your passport and travel as you see fit. These rights are guaranteed by the constitution.

*What about the ‘best interest of the child’ – isn’t that ‘a greater good’?

Greater goods are part of dictatorships and tyrannies. The greatest goods of republics are peoples’ constitutional rights which includes the protection of ‘due process’. Supreme Court case laws states that the ‘best interest of the child’ resides in a ‘fit’ parent – not the state.

*How are fundamental rights at stake?

Because if the family court judge assigns you to be the noncustodial parent, you lose your parenting rights to your children (i.e. to support them directly, live with them, and direct their lives) and then you’re forced by the court to pay the mother whatever the judge says – amounts that will impoverish most fathers. If you don’t pay regularly and pay it all, you’ll go to jail without a trial.

*What do you have to do wrong to be assigned the noncustodial status?

Nothing! Fit parents – overwhelmingly fathers – have their constitutional rights denied by judges assigning them as noncustodial parents.

The judge – as representative of the state – invokes his ‘illegal’ right to take away constitutional rights of fit fathers for the ‘best interests’ of the children. Best interest determinations are only to be invoked when there are no fit parents.

*The family court setup prevents protection of father’s constitutional rights:

The family court doesn’t allow a trial with a jury. It only permits ‘bench’ trial which means that the judge is both judge and jury for you. So you’re denied the protection of the people from the legal elites and special interest groups that feed off the injustice that the family courts produce.

*Why doesn’t the family court protect a father’s constitutional rights?

Because when you eliminate the natural protections – like a jury – you leave judicial elites in power. More power means a more corruptible system. That’s human nature.

The family court and its affiliates have seized on a ‘greater good’ excuse such as ‘best interest of the children’ and ‘safety of women’ to forego constitutional law and protections for fathers.

*Special interest groups influence on the family court setup and actions:

A host of legal and court-assisting persons and organizations have a strong financial interest in keeping the family court set-up as it is. They together can be called the Divorce and Domestic Violence Industry (the DDVI).

The DDVI is made up of the judges, lawyers, GALs, mothers/women, probation/family service officers, psychiatrists, sociologists, visitation centers, battered women’s shelters, the abuse industry, women’s advocates, the state’s department of revenue (DOR), the federal government’s child support enforcement division…and more! Let’s consider where some of these entities find their financial interest in the family court setup.

The DDVI have interest in:

* Setting larger child support orders.

Both the court and DOR/CSE(child support enforcement (agency)) receive federal incentive payments. Court-DOR (Department of Revenue) agreements send some DOR money to the Court systems. County jails make money by more inmates – who are court-created deadbeat dads.

* Making abuse allegations more easily allowed.

Visitation centers and lawyers benefit by this as well as do Battered Women shelters and Batterers Groups. Incidentally, battering is relatively rare; accusations are very common.

* Aggravating parental exchanges and unequal allotment of rights – as the court imposes.

This makes lots of money and job security for lawyers, family services officers, psychologists, GALS, parenting class coordinators, women’s groups, and affiliated VAWA organizations who receive some $5 Billion over 5 years.

The DDVI, taken together, is a powerful lobby and participant in the rule-making process. They’re not about to favor any change – however fair – that will undermine their positions, benefits, or money and power they’ve accumulated.

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Family attorney is a term widely used to describe attorneys that deal with the infinite aspects of family law, as well as those of property law, criminal law, probation law, etc.

A Multifaceted Job

The most common cases a family attorney has to deal with are child custody, divorce, abuse and domestic violence. However there are many more instances where even the best family attorney would have to work with kidnapping, parental rights, emancipation and so on. Seeing how a particular case can be related to other legal areas, specialization does not count in this kind of profession as experience does. The more experienced a family divorce attorney is the more chances are that he would have dealt with a case similar to yours.

A family attorney has to be aware of the various family laws in different states as well so as to be able to relate them to property and criminal laws in the same state as his client. These internal rules are certainly not valid just for a family law attorney but also for other lawyers who specialize in different areas. However, the nature of work that a family attorney has to deal with is very sensitive as it concerns emotions and feelings related to the family.

When Children Are Involved

The most fragile section of the society is often involved in family law cases: children. Whether because of divorce or abuse, the protection of minors is the main focus of any family law attorney. Children are always the first ones to be represented and protected, although the case might not be raised by them. It is the duty of the jury and of the best family attorney to always stand by and shelter the innocent section of our society. Therefore, attorneys have to always be sensitive to emotional issues of minors. If traumatized at young age, the child will tend to face problems at all stages of life in future.

As the nature of the work is so various and so demanding, a family attorney will charge differently for each case. The fees depend on the hourly basis as well on the outcome of the case in court. The hourly rates depend on the area or the state, on the experience and popularity of the attorney and on the nature of the case. Retainer charges asked by attorneys are usually paid by the spouse with a higher income, if the second spouse is in financial difficulty. The court usually gives an order called ‘Pedente lite’ so that payment by the spouse with a higher income becomes compulsory.

Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.

In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.

A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.

The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.

So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms – one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneys’ critical involvement.) It is generally much less expensive than litigated divorces.

I hope your brain isn’t spinning too much at this point. But here’s it in a nutshell, you can

– mediate

– have a collaborative divorce

– create a separation agreement.

– duke it our in court.

The first three are usually the best.

Before filing your dissolution, contact multiple Vallejo family law firms – or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that’s all Vallejo family law firms are trying to do. Help you create a fair settlement.

It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.

A major issue that is affecting many industries is the lack of affordable childcare options for working parents. Having worked in many different aspects of the automotive industry, most currently the retail automotive aspect I have seen this issue cause conflict in the lives of many of my coworkers and employees. While this may be more prevalent an issue in single parent families, due to the rising cost of living many two parent families are facing the fact that they must choose between making ends meet or working to pay for child care. An example of this is at my current place of employment where a colleague of mine was facing the choice of having his wife work so they had health benefits or having her not work so she could stay home and watch the kids, as they could not afford the cost of day care. I think that there are a number of issues contributing to this problem, all of them are not the fault of the employer, or could be solved by a government agency.

California (where I live and work) is one of the most expensive regions in the country to live. Currently families in California are paying an average of $375 per month out-of-pocket (that is an average of 10 percent of family earnings). Low-income families are affected even more dramatically with an average of 24 percent of their earnings being spent on childcare. Access to childcare programs varies by each family’s ethnicity and socioeconomic status. For example, Latino children are much less likely than white children to attend center-based programs in the year prior to kindergarten. In terms of access based on socioeconomic status, 49 percent of low-income children are enrolled in center-based childcare versus more than 80 percent of upper-middle class children. (Children Now, 2005)

In the case of my coworker, he ended up having to drive his kids over two hours out of the way at a family member’s home as he could not afford to lose his health coverage, or afford the almost $400 per month for day care for each of his two children. It was taking a toll on his professional and personal life. He would often be late to work, he would have a four-hour commute every day having to shuttle his kids to family and friends who could watch them while he and his wife worked. This is living only seven miles from work. This type of extra stress makes for employees that are less productive and dissatisfied with their work environment as they are torn between providing for the family, and being able to function.  Some companies have taken notice of the affects on employees that are able to feel comfortable about their children security. “Alcott recognizes that its employees spend more time at work in a given week than they do at home. When employees cannot accomplish life’s tasks because of their jobs, they become resentful and unmotivated” (Kitchen, 2008).

I contrast the current company I work for to another company that I had worked with in the past. They were a major retail outlet and had about the same number of employees as my current employer. They decided that the most effective way to attract and retain the best employees was by offering a childcare center on site. It served two proposes one it gave employees with young children a zero cost (to employee) place to have their kids taken care of, but it also would allow shoppers to drop their kids off while the shopped. The center was staffed by three people, and was outfitted with a mini movie theater, education center, and nap room. While the average employee was only making minimum wage the onsite childcare allowed them to keep more experienced employees, and created a true family environment. The cost of the center was minimal when compared to the cost associated with having higher turnover from employees leaving to seek new positions.  Among parent employees in California, 31% report they have considered leaving their employers due to childcare issues. 85% percent of these employees report that a work-site center would affect their decision to stay, with more than 50% reporting it would have a significant impact. While 45% of parents miss, at least one day of work every six months and 65% of parents are late to work or are forced to leave work early due to childcare breakdowns. (City of Santa Barbara, 2002)

Major corporations like Intel have realized that the cost of having employees not performing at their peak is more costly than onsite childcare centers. “Childcare issues can cost millions of dollars each year in lost productivity and turnover when parents are disrupted at work because their childcare is unreliable or poor quality. Intel found through employee surveys that working parents are in need of childcare help, and traditional childcare solutions do not adequately address the needs of many employees. Intel has had a pretax childcare benefit and relationships with national childcare providers for some years, but is taking greater steps to provide more support for parents and guardian. To best address the unique childcare needs of our employees, Intel takes a site-based approach to childcare. For example, in Israel, Intel has partnered with the community to support childcare centers located near Intel facilities providing services that match the needs of our employees. In Ireland, Intel has implemented an on-site resource and referral service to help employees locate childcare. In Malaysia, Intel offers an on-site preschool (Intel , 2008).”

Many of these types of programs are considered perks by many, and are provided by what many would consider white-collar companies. However, some have put forth the idea that in today’s much more demanding world where people are working more hours than ever, it should be a basic benefit provided by most employers. Many European countries such as Sweden have very liberal policies supporting family and childcare. In Sweden, childcare is considered a necessity for the economic and social survival of the country, with a national regulatory agency overseeing the neighborhood childcare centers. The government even pays parents up to 80 per cent of their yearly salary for up to a year after the birth of the child, so that the parent may take the time off to bond with their child. The Swedish government has even made vacation pay mandatory “based on the concept that family recreation is very important” (Polk, 1997). It is not just Sweden, many other nations that have started to look at the affect a good work/life balance has on its citizens. Countries including, France, Holland, the Dominican Republic, Canada,  and even Cuba have all received high marks for their level of childcare services from the International Child Resource Instituted (Polk, 1997).

But while many may believe that Universal Childcare should be offered by the United States (U.S.) government, for every successful program around the world, there are stunning failures. Canada’s program has been described as “woefully inadequate” and “an insult to working class mothers” according to a spokes person for a Vancouver based grassroots women’s movement.  This was in response to the Canadian government’s budget announcement that would in effect would offer $100 a month for stay at home moms and women with children in a recognized childcare facility (Rosen, 2006). The state of Hawaii recently was forced to end its Universal Child Health Care system after only seven months. The program was started with the same ideal of providing a service to low income and immigrant families, however, once the program became available, families started to drop private coverage so their children would be eligible for the subsidized plan. While health care and childcare are slightly different, the same mentality would cause the same strain on a childcare system. While advocates for the program believe it should be spared at all costs, the cost is the very issue that caused the program to shut down, and until the state government can find a way out of its $900 million budget shortfall all social programs will be put on hold ( Associated Press, 2008).

Currently the U.S. department of labor does not require a company to provide for childcare, however in 1990 after considering over 100 bills with child-care components, the 101st Congress enacted laws intended to make child care more affordable. The focus of this legislation was targeted at low-income or single parent families.  However, this only provides temporary childcare assistance during periods of unemployment. Once the subject is employed, this benefit is no longer offered and the strain and stress of balancing childcare and work is once again an onus placed upon the shoulders of our struggling citizens. (Cattan, 1991)

There must be a solution that does not burden the taxpaying citizens, does not unfairly burden employers, and has built in protections to prevent abuse, all while not creating a monstrous bureaucracy. It is a tall order to attempt to please all sides, the parent, the taxpayers, the business owners, and the politicians. However, I believe with the amount of taxes being collected people would like to see their taxes going to better lives of U.S. citizens, instead of being poured into rebuilding foreign governments. In the U.S. we are working more hours per-year than ever before, in a sampling from my local region of California the average worker working more than 55 hours per-week rose by over 87% in less than two years. There was not a significant increase in the population sample to justify such a spike (U.S. Census Bureau, 2001). At my store the average sales person works over 2,400 hours per-year, and some work even more. With statistics like this, it is amazing that the people are not clamoring for a solution from our legislators.

There have been many solutions from creating a government agency and requiring pre-school to increasing tax refunds for parents. “One solution could be as simple as simplifying the process of getting already available benefits such as food stamps, low cost childcare, health care, and transportation so that the pore are both aware of and able to get the help they need” (Lauer, 2008).

The solution I would propose would involve a tax benefit from the federal government for corporations that offer childcare options for employees. Requiring companies to meet specific standards such as the number of employees to qualify and hiring licensed childcare providers for either on or off site childcare. This would allow for a rapid growth, as both the employer and employee would have an instant benefit.  However, for companies not able to put in place their own childcare system that would meet national standard; a system could be put in place to create a privet or government company that would offer childcare in the same way health insurance is offered. It would need some form of government subsidization with an employee and employer matching contribution. The main issue would be to make sure it was actionable and had some form of local control, as the needs of urban area workers would vary vastly from the needs of more rural workers. Centers would need to be put into the areas that are most accessible to the communities that need them. The quickest and most effective way to bring this form of childcare into reality would be to attach it to an existing agency that could administer it, perhaps the Department of Labor. A four-year review of JPMorgan Chase’s back-up care program showed that 98% of parents who use the program would have taken unscheduled time off from work to care for their children had the back-up program not been available. In just one year, the back-up program generated more than a 100% return on investment (City of Santa Barbara, 2002). Adding a government tax benefit to companies would prompt more companies to perhaps follow the example of that offering childcare solutions to employees will in the long run save money, and increase productive.

Works Cited

Associated Press. (2008, October 17). FoxNews.com. Retrieved November 23, 2008, from FoxNews.com: http://www.foxnews.com/story/0,2933,439607,00.html

Cattan, P. (1991, October). Child-care problems: an obstacle to work. Monthly Labor Review Vol. 114, No. 10 .

Children Now. (2005). Child Care in California. Oakland: Children Now.

City of Santa Barbara. (2002). Child Care Impact on the Work Place. Santa Barbara: City of Santa Barbara.

Intel . (2008, November 13). Intel Work Life. Retrieved November 22, 2008, from Intel.com: http://www.intel.com/jobs/workplace/worklife/childcare.htm

Kitchen, P. (2008, November 10). Workplace Flexibility . McClatchy -Tribune Business News .

Lauer, R. &. (2008). Social problems and the quality of life 11th ed. Boston: McGraw-Hill.

Polk, D. (1997). Check out the (International) Neighbors. Children’s Advocate , 4-6.

Rosen, R. (2006). “Universal” Child Care Benefit is an Insult to Millions of Women in Canada. Grassroots Women Newsletter .

U.S. Census Bureau. (2001). Hours Worked per Week by Residence, Riverside CA. Washington D.C.: U.S. Census Bureau.

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<b>The intersection between family law, criminal  law  and divorce in RI</b>

<b>Overview</b>

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island Family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a criminal case, a complaint protection from abuse and a divorce.  There also may be a dcyf, child support case, paternity  proceeding or juvenile proceeding pending. This article applies to misdemeanor criminal charges.

A misdemeanor is considered domestic if it involves certain family member, a spouse, girlfriend or boyfriend.  An assault, disorderly conduct, larceny and other criminal charges can all be charged as domestic offenses. Therefore, if there is a domestic violence component to an assault case, the case will be charged as a domestic assault rather than just an assault.

In the event that a person is charged with a domestic offense, a no contact order will issue. The No Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other.

A no contact order often reeks havok upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family. Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.

The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc.Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.

<i>This article addresses the above mentioned complex  issues and answers the following questions:</i>

<b>Should I get a  Rhode Island Criminal  lawyer  or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?</b>

An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law , the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.

<b>What is the difference between a domestic offense and a non domestic offense?</b>

Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a  sentence of filing, probation or suspended sentence must take batterers intervention classes. If found guilty of a domestic offense or if there is a plea bargain then a no contact order will enter automatically unless the victim is able to drop the no contact order.

A second conviction for a domestic offense in Rhode Island may lead to a minimum ten days at the aci! A third conviction for a domestic offense may be charged as a felony. Keep in mind that not all plea agreements constitute a criminal conviction. In RI any sentence with a suspended sentence,  guilty finding, plea of guilty, fine or period of incarceration constitutes a criminal conviction. A nolo contendere plea  with probation or filing with court costs does not constitute a conviction in Rhode island! A domestic conviction also will looks worse then a non domestic conviction on the accused’s record when seeking employment opportunities.

Also, sentencing is usually more harsh for domestic cases then a non domestic offense. Furthermore, in domestic cases a one year filing cannot be expunged at the end of the year. There is an additional two year waiting period to expunge a domestic filing. Please see my other article concerning Rhode Island misdemeanors for a comprehensive explanation of a one year filing in Rhode Island.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterer’s intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes, failure to pay restitution or failure to attend counseling could be considered a violation of probation, suspended sentence or a filing.

<b>What is a no contact order? </b>

In Rhode Island, A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.

A person can be arrested under Rhode Island law for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

<b>Dropping / dismissing the no contact order</b>

The police cannot drop a no contact order. Only a judge can drop a no contact order. The victim can attempt to drop the no contact order at the arraignment. Prior to approaching the judge at the arraignment, the victim must speak with the domestic violence counselor at Court. The judge may dismiss the no contact order at the arraignment.

However, in the event that the alleged abuse is severe or there is a documented history of abuse then the judge may refuse to drop the no contact order. The no contact order may not be dropped by the judge if the victim states that she is still afraid of the accused.  It is much easier to drop the no contact order  at the pretrial hearing then it is to drop it at the arraignment. Some judges are hesitant to drop the no contact order at the arraignment. The judge will typically ask the police who are present at the arraignment whether they have any objections to the no contact order being dropped

<b>Can the victim dismiss the no contact order after the arraignment but before the pretrial conference?</b>

In the event that the victim wants to drop the no contact order after the arraignment but before the pretrial the victim can go to the clerk and ask that the file be brought in front of the judge. After conferring with the domestic advocate the judge will rule on whether the no contact order will be dropped.

<b>Can the no contact order be dropped at the pretrial conference?</b>

The victim who wants to cancel the no contact order will have another opporunity at the pretrial conference. The pretrial conference is typically scheduled a couple of weeks after the arraignment. At the pretrial conference, the victim can approach the judge and again seek to have the no contact order dropped

<b>Will the criminal judge in District Court resolve visitation or custody issues? </b>

No.

The criminal Court will not get involved in any family related issues such as child custody, child support, alimony ,paternity, relocation out of state, equitable division of marital property, visitation, payment of marital bills, payment of mortgage, payment of credit cards, disposition of the marital real estate, etc.  Those issues are the province of the Rhode Island Family Court not the District court !The District Court is where criminal  misdemeanor cases are heard.

The Court has the power to order restitution to the victim for any actual damages suffered by the victim as a result of the crime such as destruction of property, medical bills, stolen funds etc.

The District Court in a criminal case cannot be involved in setting visitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

<b> Obtaining personal belongings (property) when there is a no contact order. </b>

There are several proper ways for an accused to obtain his / her personal belongings when there is a no contact order in effect. Personal belongings usually consists of personal property such as clothes, sneakers, uniforms, personal effects etc.  The accused can contact the police department where the victim resides and seek to make arrangements to pick up personal belongings. The police will often escort the person to the home. The downside of this arrangement is that the police often are in a rush and enforce a severe draconian time limit.

If the accused has a private attorney, he can contact the victims attorney who can contact the victim to make arrangements . This can have its pitfalls because  the victim may be hostile  or  the victim may have no interest in negotiating

The accused can attempt to arrange to get his belongings through a third party. The accused must be careful not to violate the no contact order.

<b>When does a no contact order in Rhode Island (RI) expire? </b>

A no contact order expires when the sentence period is finished. A no contact order also expires if the case is dismissed or the defendant is found not guilty. The no contact order expires if the judge terminates the no contact order at the request of the victim.

Be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order!

<b>What happens if a person on bail, probation, filing or suspended sentence violates a no contact order?</b>

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order.

A violation of a no contact order is a crime in itself which is also a violation of the conditions of probation, filing or bail . A person on probation or bail can be held at the ACI if they are accused of violating a no-contact order. For example, if a person is on probation or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI.

A probationary period  or filing period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode Island Family Court or restraining order in effect. A violation of a no contact order or a Family Court restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI.  As a result of a probation violation of violating a no contact order,  a person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with probation may get themselves deeper into trouble when they resume communications or contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

<b>Rhode Island Family Court restraining orders: (1) Complaints Protection from Abuse and (2) ‘Civil restraining orders’ and how they relate to criminal law</b>

 A defendant must Be careful! There may be a separate order protection from abuse restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse. The Family Court has jurisdiction to issue  an  order protection from abuse restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

A protection from abuse case is not a criminal case. Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

There are two types of Family Court restraining orders, “Complaint Protection from Abuse” and a civil restraining order. Both of these types of Restraining orders can be in addition to divorce proceedings.

<b>Is Violating a Family Court restraining order which is not an order protection from abuse a crime? </b>

No. A violation of a  Family Court restraining order which is not a Complaint Protection from Abuse is  not a crime. Violation of this type of order is punishable by contempt. However, If the restraining order contains language that violation of the order is a crime then there might be criminal implications.

Civil restraining orders are not nearly as effective as Complaint Protection from Abuse restraining orders. Civil Restraining orders are typically part of a divorce.

<b> In a complaint protection from abuse case in Rhode Island can the Court get involved in Child custody, visitation and child support. </b>

Yes. In a Complaint Protection from Abuse case, the Family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to surrender possession of all firearms / guns to the Police department.

<b>Is a violation of a Rhode Island District Court Restraining order a crime?</b>

Yes.
 
<b> When should a Restraining orders  be filed in District Court? </b>

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum.

If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court.  A restraining order against a current roommate can be filed in District Court.

<b>RI Superior Court Restraining orders: </b>

If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.

<b>What is the difference between a restraining order and a no contact order? </b>

A no Contact order is an order issued as a result of a criminal charge. A no Contact order issues at an arraignment either at the police station or at Court. Violation of a no contact order is a crime in itself and may constitute a violation of Probation or a filing. A no contact order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence.

A Restraining order stays in effect until the date designated on the restraining order. A Restraining order will stay in effect even if the defendant is found not guilty or the criminal case is dismissed.

<b>If there is a no contact order protecting me should I also obtain a restraining order ?</b>

It Depends. A no contact order expires when a case is dismissed; a person is found not guilty or after any sentence expires.

The No Contact order will expire when a probationary period or filing or suspended sentence is over. If you feel you need protection in case the no contact order expires and are in fear of the person then you may consider seeking a restraining order in addition to the no contact order.

If there are issues concerning child support and visitation then you may want to seek a restraining order in addition to a no contact order!

<b>Resolving issues concerning custody and visitation of children as well as divorce and family related matters when a criminal case is pending:</b>

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations may occur at the Providence Family Court or may be supervised by a third party.

<b>Can the defendant testify in The Complaint protection from abuse hearing when he or she has a pending criminal charge?</b>
 

This is an important determination for the defendant. The defendant must consult with his / her attorney and weigh the pros and cons of testifying in the hearing. A defendant in a criminal case has the right to take the Fifth Amendment and not testify in the case. A defendant in a complaint protection from abuse case must be careful because any testimony in the abuse case can be used against the person in the criminal case. The defendant can seek to continue the abuse case until the criminal case is resolved.

What County in the Rhode Island Court system will criminal law and divorce cases be heard?

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures.   Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, woonsocket and other towns and cities. Kent County includes Warwick &  North kingston, East Greenwich as well as other towns. Newport County includes  Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

Rhode Island Attorneys legal Notice per  RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers  in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

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