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Rhode Island Attorney

Domestic Disorderly Conduct

Domestic Disorderly Conduct

If you have been charged with Domestic Disorderly Conduct please call or email me as soon as possible.  Like nearly every other type of criminal charge, it is critical to be proactive and take some action to defend yourself before your next court date.

Under Rhode Island law both Disorderly Conduct and Domestic Disorderly Conduct are created by statutes.  In fact, in many respects a Domestic Disorderly Conduct charge is simply a Disorderly Conduct charge.  The only difference is that with a Domestic Disorderly Conduct charge the arresting police department alleges that the Defendant’s family or household member is the victim of the offense.

In many cases a Defendant is charged with both a Domestic Disorderly Conduct charge and a charge of Domestic Assault and Battery.  The theory behind this double charging is that a charge of Domestic Disorderly Conduct is a lesser included offense of a Domestic Simple Assault and Battery.

The consequences of a Domestic Disorderly Conduct conviction can be harsh.  It is critical to at least speak with a competent Domestic Disorderly Conduct Criminal Defense Lawyer. Like most other criminal charges, you do not want to handle a Domestic Disorderly Conduct charge alone because a conviction for this can have both short and long term consequences.

Domestic Disorderly Conduct Penalties

Whether or not a charge of Domestic Disorderly Conduct can be sustained by evidence and proof beyond a reasonable doubt depends upon the facts of the case.  In other words, Domestic Disorderly Conduct cases are kind of like snowflakes in the sense that while they all kind of look alike, no two (2) cases are identical.

Any person who admits to or is convicted of Domestic Disorderly Conduct will be required by the sentencing court to attend a batterer’s intervention program.  These programs can last up to twenty six (26) weeks and costs hundreds and even thousands of dollars.

Additionally, if the victim wants to retain the protection of the Domestic No Contact Order, the Court will extend it for up to six (6) months.  If the victim wants the Domestic No Contact Order terminated, it is entirely up to the sentencing judge to make the final decision about whether to extend the order or terminate it.

Domestic No Contact Order

One of the most difficult aspects of Domestic Disorderly Conduct charge is the issuance of a Domestic No Contact Order.  Once an arrest has been made the person who is charged is issued a binding Domestic No Contact Order.  This Domestic No Contact Order specifically prohibits the person arrested from contacting the alleged victim of the crime.  It means no phone calls, no emails, no text messages, no social media contact.  Not only does the Domestic No Contact Order prohibit direct contact, it also prohibits indirect contact.  This means that the person arrested cannot pass a message to the alleged victim through a third party, such as another family member or friend.