A Rhode Island Motion to Vacate No Contact Order is a legal document filed in the Rhode Island Family Court that requests that the court order previously issued prohibiting contact between two parties be vacated. This motion is usually filed by the party requesting the contact, in order to lift the no contact order. There are two types of Rhode Island Motion to Vacate No Contact Order: a Motion to Vacate No Contact Order by Agreement, and a Motion to Vacate No Contact Order Without Agreement. The Motion to Vacate No Contact Order by Agreement can be filed by either party and requires both parties to agree to vacate the no contact order. The Motion to Vacate No Contact Order Without Agreement is filed by the party requesting the contact and requires the court to make a determination whether the no contact order should be vacated. Both motions require the petitioner to provide the court with evidence in support of their request that the no contact order be vacated.
Rhode Island Motion to Vacate No Contact Order
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Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.
(1) On Court's Own Motion. The court may, in its discretion, dismiss any action for lack of prosecution where the action has been pending for more than five (5) years, or, at any time, for failure of the plaintiff to comply with these rules or to proceed when the action is reached for trial.
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.
No Contact Order (NCO) A No Contact Order is in effect for the entire length of the criminal case, including through the length of the sentence. It can be dropped only at the request of the victim with the approval of a judge.
In Rhode Island, a no contact order is issued in all domestic violence cases. It is a court order that prohibits the defendant from having any direct or indirect contact with the alleged victim. This includes face to face contact, telephone contact, contact via social media, and third party contact.
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed in contempt of the court in which the action is pending.
Rhode Island courts have traditionally held that ?a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) should be granted only when it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief under any set of facts that could
A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.