Family, Divorce, Criminal Defense Lawyer Susan T. Perkins of Providence, Rhode Island
Schedule a ConsultationIn domestic violence cases it’s crucial you speak with a lawyer BEFORE speaking to the police. Many do not realize that you do NOT have to speak to anyone until you have retained proper counsel. Despite pressure from law enforcement officials, it is critical that you insist on evoking this right and seek legal counsel as soon as possible. Rhode Island Domestic Violence Lawyer Susan T. Perkins has the ability to cut through the highly charged emotion in these cases and to get to the bottom of the matter.
Domestic violence occurs in every community regardless of social, economic, and educational circumstances and backgrounds. The victims of domestic violence may be young or old, gay or straight, rich or poor. They may be from any racial or religious background. Regardless of who you are, you have the right to proper counsel.
Domestic violence is not limited to those typical cases where a husband beats his wife. Domestic violence, which Missouri refers to as “Adult Abuse,” is a pattern of coercive control in which one person either physically harms another or arouses fear, prevents a partner from doing what they wish, or forces a partner to behave in ways they do not want to and against their will.
Adult Abuse may include the use of physical or sexual violence, threats or intimidation, emotional abuse, and even economic deprivation. Many victims feel that they are not being abused if they do not require medical care. However, humiliation, isolation, intimidation, denial, and blame can be just as serious as physical abuse.
Domestic violence can happen between spouses, people living together, whether romantically involved or not, or people who are dating. It includes those same-sex relationships. Men can be abused as well as women. People who are being stalked are also considered victims of abuse.
It is important to find an attorney that understands that any type of abuse is serious. It must be investigated and taken seriously. Research shows that the victim is at greatest risk when she leaves. Coordination with domestic violence victim advocates and the police is critical in resolving these complex cases.
The Law Offices of Susan T. Perkins Esq. can help victims of Domestic Violence navigate the criminal justice system. We can also assist in getting out of relationships by filing divorce or custody actions in court.
Hiring an attorney is always important following an arrest. It is especially important when charges include domestic violence. A charge of domestic violence can have extensive and far-reaching consequences.
Domestic violence and abuse charges can:
Anyone accused of Domestic Violence in the State of Rhode Island knows there is a stigma attached to these types of charges.
Like sex crimes or crimes against children, domestic violence carries a presumption of instant guilt. Before any formal trial or court appearance, you may be thought of as the black sheep of society.
It’s illegal to commit battery, assault, or any other sort of criminal threat against someone, but when the alleged victim is your romantic partner or parent of your child, allegations are taken much more seriously.
A conviction surely means jail time for the accused, even in first-offense cases. Don’t let assumptions of guilt condemn you before you even enter the courtroom. Susan T. Perkins fiercely protects her clients’ rights in domestic violence cases and will fight for your side of the story.
Per Rhode Island law, domestic violence occurs between “family or household members.” Though a wide-ranging definition, “family or household members” includes current or former spouses; a person you live with or have lived with some time ago; a person you are dating or are engaged to; a person with which you share a child; or a person related by blood or marriage.
There are many Rhode Island Domestic Violence crimes, which include Assault & Battery; Stalking; Kidnapping; Violation of a Restraining Order; Violation of a No Contact Order; Harassment; Trespass; Sexual Assault; Child Snatching; and Homicide / Murder.
§ 12-29-2 Definitions. – (a) “Domestic violence” includes, but is not limited to, any of the following crimes when committed by one family or household member against another:
Punishments to the above listed crimes may include jail/prison time; probation; fines, court costs or other monetary penalties; community service; immigration penalties and deportment; Court ordered substance abuse treatment.
In Rhode Island, a domestic violence restraining order is a restraining order that is designed to protect you from physical or emotional abuse from any person with whom you have a domestic relationship. The abuser can be removed from your house and ordered not to contact you or come within a certain distance of you.
There are two types of restraining orders, a temporary restraining order and a final restraining order.
A temporary protective order is granted when you convince a judge that there is a serious and immediate threat to you or your child. The other party does not have to be present in court and does not have a right to defend himself or herself. This type of order usually lasts about 10 days.
After approximately 10 days, the judge who granted the temporary order will hold a hearing to determine if the temporary order should continue to remain in effect as a final protective order. The alleged abuser will have an opportunity to defend himself or herself at this hearing. A final protective order lasts up to one year and can be extended, if necessary.
Below you’ll find some questions and answers that can help you better understand a domestic violence charge and how a case is typically handled. If you have a question that is not addressed here, reach out to our law office as soon as possible to get expert legal answers to your questions.
The first thing to understand about domestic violence is what the family court means by “domestic.” Put simply; domestic refers to “family or household members.” This also includes current or former spouses; a person you live with or have lived with some time ago; a person you are dating or are engaged to; a person with which you share a child; or a person related by blood or marriage.
Generally, most criminal acts that take place against a family or household member will be classified as domestic violence. The Rhode Island Domestic Violence Prevention Act § 12-29-2 lists the following crimes:
About 48-72 hours after a domestic violence arrest, you’ll appear before a judge at your arraignment hearing. This court appearance is when you formally face your domestic violence charges and enter a plea of not guilty. It’s wise to have a criminal defense attorney with you at your arraignment hearing.
Your bail will be set at this hearing, and you will likely be issued a protective order. It’s critical that you understand the terms and conditions of your no-contact order. Violating a no-contact or restraining order can lead to more severe consequences and will immediately make your case more challenging.
Having a criminal defense lawyer by your side after an arrest can completely change the course of your case. Call the law office of Susan T. Perkins to learn more about what happens after a domestic violence arrest.
In Rhode Island, a domestic violence restraining order is a restraining order that is designed to protect you from physical or emotional abuse from any person with whom you have a domestic relationship. The abuser can be removed from your house and ordered not to contact you or come within a certain distance of you.
There are two types of restraining orders, a temporary restraining order, and a final restraining order.
A temporary protective order is granted when you convince a judge that there is a serious and immediate threat to you or your child. The other party does not have to be present in court and has no right to defend themselves. This type of order usually lasts about ten days.
After approximately ten days, the judge who granted the temporary order will hold a hearing to determine if the temporary order should continue to remain in effect as a final protective order. The alleged abuser will have an opportunity to defend themselves at this hearing. A final protective order lasts up to one year and can be extended if necessary.
The penalties for domestic violence will range in severity according to the classification of the charge. For instance, a simple assault domestic violence charge can lead to lesser penalties than a felony assault charge.
A domestic violence conviction can lead to:
Don’t forget that a domestic violence charge can lead to other consequences besides those mentioned above. Due to a protective order/restraining order, you may need to cut yourself off from your family and seek other living arrangements. Your reputation amongst your community can also be at stake, which leads to a host of other personal and professional problems.
Contacting a criminal defense attorney with experience in domestic violence charges can help. Contact our law office today to discuss your case.
There are several different directions a criminal defense lawyer can take in a domestic violence case. The design of the defense will typically depend on the circumstances surrounding the case. One of the most common defense strategies is self-defense. For example, you may take a self-dense path if you have self-defense wounds, and you can provide witness testimony that you were attempting to defend yourself or another member of your household from the alleged victim.
Unfortunately, there are also cases when accusers of abuse lie about an incident. False abuse allegations happen more often than you think. Your defense lawyer will gather as much evidence as possible to prove your innocence in these situations. Susan T. Perkins has been defending those accused of domestic violence for years. Call today to hear more about possible defense plans for your case.
If you find yourself in a situation involving domestic assault charges, please contact the Law Offices of Susan T. Perkins Esq. at (401) 324-2990 for a FREE consultation.
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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