In December of 2010, our Client was charged by the Narragansett Police Department with a domestic disorderly conduct charge in violation of R.I.G.L. 11-45-1 /12-29-5. Domestic violence is defined as including, but is not limited to, any of the following offenses when committed by one family or household member against another: simple assault, felony assault, vandalism, disorderly conduct, trespass, kidnapping, child snatching, sexual assault, homicide, violation of a protective order or a no contact order, stalking, refusal to relinquish, damage or obstruction of a telephone. The definition of "family or household member" is broadly written to reflect the diverse nature of the modern American family and includes persons who are or have been in substantive dating or engagement relationships. An assault consists of a threat of physical violence. A battery occurs when actual physical violence or non-consensual touching occurs. Rhode Island takes a very strict stance on domestic assault and battery cases.
In January of 2011, the domestic disorderly conduct charge against our Client was dismissed by the Prosecution based on our previous negotiations and our experience handling domestic violence cases.
In February of 2011, the offense was expunged from our Client's record. Pursuant to Rhode Island General Law, 12-1-12, any fingerprint, photograph, physical measurements, or other record of identification, heretofore or hereafter taken by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town or any other officer authorized by this chapter to take them, of a person under arrest, prior to the final conviction of the person for the offense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or she is charged, and the clerk of court where the exoneration has taken place shall, consistent with § 12-1-12.1, place under seal all records of the person in the case including all records of the division of criminal identification established by § 12-1-4; provided, that the person shall not have been previously convicted of any felony offense.
This successful disposition and expungement allows our client to maintain his clean criminal record and to avoid disciplinary proceedings at his college.
If you or a family member has been charged with domestic simple assault, domestic disorderly conduct, domestic trespass, domestic vandalism and/or a violation of a no contact order, please allow attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at email@example.com.