Domestic Matters

Domestic Assault
If you have been accused of domestic violence, you may be facing an uphill battle. Many states have strengthened their laws on domestic violence, and making arrest and prosecution mandatory regardless of what the alleged victim wishes to do. Rhode Island is no different. A conviction for a charge of domestic violence have serious implications, therefore, it is important to mount a vigorous defense. Please call Christopher Millea at the Millea Law offices, to discuss your case and develop a strategy for fighting the charges.

Domestic Assault Defined
Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family. Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control.

Domestic Assault Arrest
Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will assess the situation and determine whether there is probable cause to arrest the person accused of domestic assault.

At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant's lawyer will consult with the defendant about what kind of plea to enter. The judge will decide how much the bail will be, and in most cases, the defendant will be ordered to have no contact — direct or indirect — with the alleged victim. This means that the defendant cannot go home, if that is where the victim lives, and the defendant must not call or communicate with the victim. The defendant cannot e-mail the accused text message the accused, or have any other contact whatsoever. A violation of a no contact order could result in a violation of bail and jail time.
In Rhode Island, even if the victim decides not to go forward with the charges, the case can continue. Numerous reasons, based on both history and public policy, are behind this practice.
A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal consequences like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Consult an Attorney
As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. Each state, however, has a different approach to handling domestic assault cases. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney who knows the legal system in RI to learn more about what you can do to assert your rights. Please call Christopher Millea and Millea Law Offices today.

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