Understanding No Contact Orders in Rhode Island Domestic Violence Criminal Cases

What Qualifies as a Domestic Violence Crime in Rhode Island

Under Rhode Island criminal law, a domestic violence crime is one that occurs between two or more people who are related by blood or marriage (current or former), cohabitate or live together in the same house or apartment, are in a romantic relationship or have been within the past year, or share a child in common.  

Examples of domestic violence crimes include, but are not limited to:

• Domestic simple assault or battery
• Domestic disorderly conduct
• Domestic felony assault
• Domestic strangulation
• Domestic breaking and entering
• Domestic sexual assault 

Parties Involved and Automatic Imposition of a No Contact Order

There are typically two parties to a domestic violence offense: the defendant accused of the crime and victim who made the accusation.  When the defendant is criminally charged with the offense, a No Contact Order (NCO) shall be imposed as a standard condition of bail at the time of arraignment, precluding him or her from having any contact with the alleged victim.  This is required by Rhode Island General Law, Section 12-29-4.

Scope of No Contact Orders and Penalties for Violations

No Contact Orders, once issued, normally preclude the defendant from having contact of any kind with the alleged victim.  This includes contact in person, in writing, electronically such as by email, text message, or otherwise, and even third-party contact, whereby a communication is intended to be transmitted by a third person between the defendant and the alleged victim.  

Once a NCO is issued, it remains in full force and effect unless terminated or modified by the issuing Court.   Violation of a Domestic No Contact Order constitutes a separate misdemeanor crime under Rhode Island Criminal Law, punishable by up to one year in prison, a $1000 fine, and mandatory domestic violence classes. 

A second offense is also a misdemeanor.  A third or subsequent offense constitutes a felony, punishable by up to 10 years in jail and a mandatory minimum term of one year.  Violating a Domestic No Contact Order, in addition to serving as the basis for a new criminal charge, may also serve as the basis for either a bail violation or a probation violation, potentially resulting in a defendant’s immediate incarceration via the revocation of bail or probation.  

Duration of Domestic No Contact Orders

Questions often arise about how long Domestic No Contact Orders last, and how they may be modified or terminated.  As a general rule, Domestic No Contact Orders in Rhode Island imposed as a condition of bail will remain in effect throughout the duration of a domestic criminal case.  If the defendant admits guilt or criminal responsibility as part of a pretrial disposition, or is found guilty after trial, the order is generally extended for the duration of the imposed sentence, as a condition of probation. 

In misdemeanor cases, this means for up to one year, and in felony cases, for however long the defendant is placed on probation.   In either circumstance, the order will automatically terminate upon completion of the criminal sentence. 

Conversely, if the domestic criminal case is dismissed or if the defendant is acquitted (found not guilty) of the domestic violence crime after trial, then the Domestic No Contact Order will automatically terminate at the conclusion of the case. 

Modifying or Terminating a Domestic No Contact Order

Domestic No Contact Orders may also be modified or terminated by the Court.   A party seeking modification or termination of an NCO must file a motion with the Court, setting forth the sought-after relief (modification or termination) and the basis or reason(s) for the request.  NCOs may be modified to permit limited contact between the parties.  

A modification to the order may limit the time, manner, and subject matter of the permitted contact.  For example, an approved modification request may authorize limited forms of communication, such as by text message and/or phone but still prohibit physical or in-person contact.  Modification orders may further limit the nature and scope of the contact. 

For example, a Court may modify an order so as to enable parents to communicate solely on matters related to their children, but for no other purpose.   The terms of modification vary on a case-by-case basis.

Court Hearings, Victim Involvement, and Legal Representation

Once a motion to modify or terminate an NCO is filed, the Court will conduct a hearing to determine whether the motion should be granted or denied.   The likelihood of success is often fact driven and judge dependent.   Victims who seek modification or termination of an NCO may engage the services of an attorney to assist with this process, or represent themselves. 

Upon the filing a motion to modify or terminate an NCO by any victim, the Court will require the victim to confer with the Victim Advocate, who is an employee of the Court with responsibilities of meeting with victims, educating them on both their rights and court procedures, and communicating with the judges on their behalves. 

Any defendant seeking modification or termination of a Domestic NCO should be represented by counsel, and ensure that notice of the hearing is provided to the victim, so that he or she is afforded the opportunity to both be present and provide input on the modification or termination request.   The Court will always consider a victim’s wishes as a factor when ruling on a defendant’s motion.

Importance of Compliance With Domestic No Contact Orders

It is undisputed that Domestic No Contact Orders are inconvenient and often unwelcome by the parties to whom they apply.  However, these orders are mandatory in all domestic violence criminal cases under Rhode Island Criminal Law. 

People subject to Domestic NCOs are strongly encouraged to abide by their terms at all costs.   Failure to do so can result in adverse legal consequences.  If any party to a Domestic No Contact Order seeks to have it modified or removed, for any reason, he or she should consult with an attorney.  

Contact a Rhode Island Criminal Defense Attorney

If you have questions about a Domestic No Contact Order that applies to you and/or a loved one, contact Rhode Island Criminal Defense Lawyer, John L. Calcagni III, for a free consultation at 401-351-5100.