How does a person get their personal belongings in Rhode Island (RI) when there is a Criminal No Contact Order/Family Court Restraining Order or District Court Restraining Order?
A person arrested for a criminal domestic violence offense involving his wife or girlfriend, with whom he lives, often needs to obtain his clothing and personal belongings even though there is a no contact order in place. This also applies when there is a restraining order in place.
Personal belongings generally consist of personal property such as clothing, slippers, toiletries, uniforms, personal effects, etc.
There are several appropriate ways for a defendant to obtain personal property when a no contact/restraining order is in effect:
(1) The defendant may contact the police department where the victim resides and try to make arrangements to collect his personal belongings. The police will often escort the person home. The disadvantage of this arrangement is that the police are often in a hurry and impose a time limit.
(2) If the defendant has a private attorney, the attorney may contact the victim’s attorney, who may contact the victim to make arrangements. The defendant’s attorney may also seek to contact the victim to make arrangements (if the victim does not have an attorney). This can be difficult because the victim may be hostile or may not be interested in negotiating. The defendant may also call the victims’ attorneys to make arrangements.
(3) The defendant may attempt to arrange to obtain his belongings through a third party, such as a friend or family member who knows the victim. The defendant must be careful not to violate the no contact order.
(4) The defendant may seek assistance in the Family Court or District Court where the restraining orders were filed in an attempt to recover his property.
If there is a criminal no contact order, the criminal judge will not be involved in helping to recover the defendant’s personal property.
There is absolutely no Rhode Island (RI) case law regarding this matter!