Rhode Island Affidavit by Victim for Dismissal
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FAQ
After an NCO has been issued, only a judge has the authority to lift the order. If the victim wants to cancel the NCO, he or she must petition the Court to lift it. A pre-trial no contact order is an NCO issued against a defendant even before he or she has been convicted for doing something wrong.
The Court ultimately held that the Indiana legislature made it clear that protected persons might invite the perpetrator back into their lives. However, it is the perpetrator who must not allow the no contact or protective order to be violated, and a victim should not be criminally charged for aiding a violation.
A defendant who has been charged by information may, within thirty (30) days after the defendant has been served with a copy of the information, or at such later time as the court may permit, move to dismiss on the ground that the information and exhibits appended thereto do not demonstrate the existence of probable ...
You could get a 46(g) bail violation in Rhode Island if you violate the conditions of your bail. Most judges impose conditions on your bail, such as keeping the peace and remaining in good behavior.
Violating of a no-contact order is independently considered a misdemeanor offense under Rhode Island criminal law that is punishable by a fine of up to $1,000 and/or imprisonment at the Adult Corrections Center (ACI) for up to one (1) year. This penalty may be found at Rhode Island General Law § 8-8.1-3.
Section 48a - Publication of libel in newspaper or slander by broadcast (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, plaintiff shall only recover special damages unless a correction is demanded and is not published or broadcast, ...
Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
REMOVAL OR MODIFICATION OF NO CONTACT ORDERS If a protected party wants a No Contact Order vacated or modified, he or she must first file a motion with the Court. The judge will then hear the facts and circumstances prompting the party's request and will rule ingly.
