Rhode Island Restraining Orders & Domestic Dispute Lawyers

Criminal Defense Law Office Of John E. MacDonald, Inc. of Providence, Rhode Island

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Rhode Island Restraining Orders & Domestic Dispute Attorneys

Elisha_MorrisThe Law Office of John E. MacDonald has years of experience helping clients achieve the results they desire in all Domestic Law issues. The Law Office of John E. MacDonald has successfully represented clients with different types of family legal matters: some victories have come in complicated cases wherein we successfully changed custody from the in-state mother to an out-of-state father. The Law Office of John E. MacDonald recognizes that in simple matters, our clients want their legal problems solved promptly, efficiently, and at a reasonable price.

Last year, The Law Office of John E. MacDonald successfully litigated numerous custody issues, twice involving changing the placement of minor children from an in-state Rhode Island mother to an out-of-state father. In each of these cases, the father contacted The Law Office of John E. MacDonald, and we immediately filed the appropriate documents, got the matters before a judge and persuaded the judge to rule in our client’s favor.

The Law Office of John E. MacDonald guarantees that our lawyers will take the time necessary to completely explain why we are pursuing a legal avenue on your behalf. We will explain the strengths and weaknesses of your divorce or custody case from the very beginning. We keep you informed throughout your case and discuss every development with you so that you understand the process completely. You will never complete a discussion with one of our attorneys and not have the answer to your question or a plan and timeframe in which we will obtain the answer for you.

We are available to our clients twenty four hours a day, seven days a week. We frequently answer telephone calls and emails after hours, on weekends, and while on vacation. We love what we do and we love to win. We encourage you to consider a complimentary consultation wherein you will notice, first hand, the professionalism, competence and dedication we have to offer in resolving your family court matter.

Call the Rhode Island Restraining Orders & Domestic Dispute Lawyers at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.

Results achieved by the Restraining Orders & Domestic Dispute Attorneys of The Law Office of John E. MacDonald, Inc.:

  • Father complained ex-wife was preventing him from visiting with his two daughters in Rhode Island. After full hearing, father returned to Texas with his two children; ex-wife now must travel to Texas if she wishes to visit with her children. Supreme Court stayed the move of the daughters, who remained in Rhode Island with mother. Conducted a second hearing within four weeks: at conclusion of second hearing, judge again orders that the daughters live with father in Texas; ex-wife now must travel to Texas if she wishes to visit with her children. Daughters are permanently residing in Texas with their father.
  • Father complained that ex-wife prevented his son from having unfettered communication with him. On day of hearing, father wins; son moves with his father to Michigan that day.
  • Successfully obtained and defended against restraining orders after full hearings.
  • Mother complains that father is uninvolved in his teenage son’s life. After several hearings, mother granted sole custody.
  • Parties divorced out-of-state, relocate to Rhode Island. Two minor children alternating visitation with parents week to week. Children refuse to visit with mother despite strict visitation schedule. Placement successfully changed to father.
  • Divorce wherein parties cannot agree on holiday visitation with the minor child. Successfully represented mother, who will now have her daughter with her each Christmas Eve to Christmas Day.
  • After years of child living with father, successfully modified placement so that mother has physical possession.
  • Termination of child support for father wherein child had reached age of majority and graduated high school, but mother insisted that an out-of-state decree provided for additional support and that child had special medical needs. After hearing, child support terminated.
  • Divorce wherein one party is uncertain whether the child his ex-spouse is carrying is his. After paternity tests, determined that child is his and court grants him joint custody with visitation rights.

Contact The Law Offices of John E. MacDonald for experienced Rhode Island Restraining Orders & Domestic Dispute Lawyers. Call or EMAIL us today so we can meet you and answer your questions.

More About Restraining Orders in Rhode Island

The state of Rhode Island takes restraining order laws and policies seriously. If you’ve been served with a restraining order, also known as a protective order, it’s very important to be aware of the rules and conditions of this protective order and speak with a Rhode Island restraining order lawyer as soon as possible. Without a full understanding of what your restraining order entails, it can be easy to unintentionally violate this legal contract, which can result in further punishments and penalties. To learn more about what your restraining order means and how to avoid violations, contact the law office of John E. MacDonald today.

John E. MacDonald is a Rhode Island restraining order attorney who has years of experience assisting those who have been accused of stalking or threatening others and served restraining orders. Many of these protective orders are an unnecessary or inappropriate response to a misunderstood action. Being issued a restraining order can be a scary process and can sometimes place unfair burdens on couples, co-workers, neighbors, and families. Restraining order lawyer John E. MacDonald can explain the terms and conditions of your restraining order and help you navigate the legal system to avoid any further consequences.

What You Need to Know About Rhode Island Restraining Orders

As we stressed above, violating a restraining order can lead to a host of other legal problems and penalties. Regardless if you felt your restraining order is unjust or unnecessary, it’s still essential to speak with a Rhode Island restraining order lawyer who can provide legal guidance on how to move forward. Below you’ll find some frequently asked questions and answers that our clients often asked when being faced with a restraining order in Rhode Island. This can help you gain a better understanding of Rhode Island restraining order laws, policies, and procedures.

What are the laws surrounding restraining orders in Rhode Island?

A person will either go to a Family court or a District court to file for a restraining order. They must fill out an affidavit explaining the reasoning for why they feel threatened. Once this is filed, a Temporary Restraining Order (TRO) is set in place for 21 days, which provides time for the defendant to be notified and served the protective order. If the restraining order is granted at the second hearing, it will be in place for up to three years. The length of time a restraining order is in place will depend on the circumstances surrounding each case. To understand more about the terms and conditions of a restraining order, contact our law firm to speak with a Rhode Island restraining order lawyer today.

Who is eligible to apply for restraining orders in Rhode Island?

Anyone can apply for a restraining order in Rhode Island, but they must prove just cause when filling out an affidavit. When someone files for a restraining order against another individual, they’ll do it through the Family court if they’re filing a restraining order against a:

  • A spouse
  • A former spouse
  • A person with whom they have a child in common
  • An adult related to them by blood or marriage
  • A minor with whom they, also a minor, are in a dating relationship with

Restraining orders that are filed in a District Court are for protection against a:

  • An adult with whom they currently live with
  • An adult with whom they have lived within the past three years
  • An adult with whom they are currently in a dating relationship or have been within the past year

If you’re concerned that someone will file a protective order against you and you’d like to learn more about the process, contact our law office today to speak with a Rhode Island restraining order attorney.

What’s the difference between a restraining order and a No Contact Order?

A restraining order can be issued anytime an individual has been abused, stalked, harassed, or feels another person is threatening them physically or sexually. A No Contact Order (NCO) is associated with criminal charges. If someone commits a crime against another person, a No Contact Order will be set in place for the entirety of the criminal case as well as the length of time of the sentencing. For example, if someone is charged with domestic assault and is sentenced to 2 years in prison, the No Contact Order will be in effect for 2 years. A No Contact order can only be dropped if requested by the victim and approved by a judge. For more information on the difference between a restraining order and a No Contact Order, call our law firm to speak with an attorney that specializes in protective orders.

How do you avoid restraining order violations?

The best way to avoid restraining order violations is to follow the rules of the restraining order to the letter. You’ll receive instructions and rules explaining the restraining order. If you have trouble understanding what the terms and conditions of your restraining order mean, contact a Rhode Island restraining order lawyer as soon as possible. Essentially, you need to avoid all contact with the person that issued the restraining order against you. This means no physical contact, no emails, no phone calls, no text messages, no communication through social media, and do not try to contact them through a third party. Even if you have the best intentions, like attempting to offer well wishes or apologies, you’re still not permitted to contact them. If you have questions about the instructions provided with your restraining order, call our law office today to discuss this with a Rhode Island restraining order attorney.

What happens if you violate a restraining order?

If you violate a restraining order, you will be charged with a criminal offense. This criminal offense will go down on your record and be able to be viewed on criminal background checks. Violations of restraining orders can result in up to 1 year in prison and up to $1,000 in fines. While some will do their very best to avoid violating a restraining order, it still happens, sometimes even accidentally. For instance, you may reach out to your former spouse to learn about your child’s school schedule. While it seems minor and non-violent, this type of contact can result in a violation of a restraining order and lead to a criminal offense. If you’ve recently violated a restraining order, it’s crucial to speak with a Rhode Island restraining order lawyer immediately.

Why do I need a Rhode Island restraining order lawyer?

A restraining order lawyer can help you understand the rules of your protective order, provide legal guidance throughout the duration of the restraining order, support you if you violate a restraining order, and make sure your rights are being protected. In many cases, restraining orders are used as threats when someone is accused of domestic abuse, even if no violent acts took place. Restraining orders oftentimes lead to additional legal problems or even criminal charges. Having a Rhode Island restraining order lawyer by your side can make sure that there are no unnecessary or unjust charges held against you and help you avoid further legal trouble.

Call the Best Rhode Island Restraining Order Lawyer Today

We understand that restraining orders can place heavy burdens on individuals, couples, and families. John E. MacDonald can provide you with the support and legal guidance you need to help you get through this difficult time. Contact the law firm of John E. MacDonald today to schedule an appointment with the best Rhode Island restraining order lawyer.