Rhode Island's dedicated nurses are the bedrock of the state's healthcare industry. And working as a nurse in the state is a uniquely rewarding experience, well worth all the time and effort you spent earning your nursing license and finding a job. But being convicted of certain crimes can put all of that in jeopardy. And in Rhode Island, being convicted of domestic violence could end your career.
But is simply being charged with domestic violence or having a protective order put in place against you enough to threaten your career? And when exactly do you have to report such things to the Rhode Island Board of Nursing?
If you're a nurse working in Rhode Island and you're accused of domestic violence, you are not required to proactively report to the Board. However, the state will require you to report any criminal convictions when you apply for your license renewal or if you're attempting to earn a new nursing license. And the board will closely scrutinize any felony convictions, especially ones involving violence or abuse.
When that happens, it's best to have a skilled legal team by your side. The Board could deny, suspend, or revoke your license and take away your ability to earn a living. Having the right defense could help you keep your job and protect your reputation. In such a case, you can trust the Lento Law Firm's Professional License Defense Team to come to your aid. Call us today at 888-535-3686 or contact us online for your confidential consultation.
Domestic Violence Crimes in Rhode Island
Rhode Island takes a tough stand against domestic violence. The Rhode Island Domestic Violence Prevention Act lays out the state's definitions and guidelines for domestic violence charges.
Rhode Island defines an offense as domestic violence when the victim and the defendant are “family or household members.” This includes:
- Husbands and wives
- Adults related either by marriage or blood
- Adults living together as roommates or who have lived together within the past three years
- People who have a child in common
- People who are either engaged or have been in a significant dating relationship within the past year.
The state has some flexibility with that last category when it comes to whether or not a crime can be considered domestic violence, as determined by the length of the relationship, the frequency of interactions, and other factors.
Further complicating things, Rhode Island allows its police to make warrantless arrests when there is an accusation of domestic violence. This is intended to help protect victims and to quickly mitigate dangerous situations. However, combined with the state's use of such a wide and varied range of criteria to define domestic violence, it is worryingly easy for a registered nurse to be arrested without a warrant for an alleged domestic violence incident.
A wide array of crimes can be counted as domestic violence in Rhode Island, so long as the accused and the victim fit into one of the above categories. In general, this includes any crime that causes harm or inflicts abuse, whether physical or psychological, or which is intended to establish or maintain power or control over another individual. Examples include, but are not limited to:
- Assault and battery
- Kidnapping
- False imprisonment
- Sexual assault
- Harassment
- Stalking or cyberstalking
- Disorderly conduct, vandalism, or trespassing
If you are a nurse who has been accused of domestic violence, it's imperative that you act quickly to defend your nursing license. The state Board of Nursing has the power to terminate your license in response to a domestic violence conviction. But the Lento Law Firm Professional License Defense Team has the ability to protect your reputation, your career, and your future.
Consequences of Domestic Violence Charges in Rhode Island
Rhode Island imposes additional penalties in any case that qualifies as domestic violence. These penalties are automatic and escalate with the number of convictions:
- First Offense: You will face additional assessment fees and be required to attend an intervention program.
- Second Offense: You will face an additional mandatory sentence of 10 days in jail to 1 year in prison.
- Third Offense: You will face an additional mandatory prison sentence of 1 to 10 years.
These criminal penalties are separate from any consequences that will be applied to your professional license. For nurses, those consequences could include the temporary suspension or permanent revocation of their nursing license. This decision will be made by the state Board of Nursing, which will generally review the details of the case when it reviews that individual's application for license renewal.
The Board has the power to suspend or revoke a license, but it can also place nurses on probation or administer other sanctions against them. This could include requiring the nurse to complete specific training programs. In the event that a license is temporarily suspended, the Board can also set requirements for the nurse to complete before their license is reinstated.
The Board sets strict standards for nurses in Rhode Island, and a conviction on domestic violence charges is a serious threat to earning or maintaining a viable professional license. Working with skilled legal representation is your best bet for convincing the Board that you can and should be able to maintain your nursing license after being convicted of domestic violence.
Remember, the Rhode Island Board of Nursing will review your license in an independent investigation that is separate from any criminal proceedings. To defend your license, you need a legal team that is skilled in professional license defense.
When to Notify the Rhode Island Board of Nursing About A Domestic Violence Conviction
Rhode Island does not require you to notify the Board at the time of conviction. However, some courts or other authorities will notify the Board when a nurse is convicted of a crime.
If the Board is not notified at the time of conviction, it will find out about the charges when that nurse applies for a new license or is required to renew their existing one. Rhode Island nurses generally need to renew their licenses every two years. As part of this process, applicants must report any criminal convictions, including domestic violence convictions.
Whenever the Board learns a nurse has been convicted of a crime, it will require the nurse to apply to the Bureau of Criminal Identification (BCI) for a national criminal records check and obtain fingerprints, which will be submitted to the FBI. The Board will also likely ask for various court-related documents and may request to meet with the nurse in question. This is all part of the Board's investigative process, which will be used to make its decision regarding the fate of the nurse's license.
Restraining Orders in Rhode Island
Rhode Island has two types of protective orders: No-Contact Orders (NCOs) and civil restraining orders.
NCOs are handled in criminal court and are issued after the defendant has been charged with a crime. The NCO will remain in place throughout the entire criminal process, up to and including sentencing. An NCO can only be dropped at the request of the victim, and even then, it will require judicial approval. Otherwise, the NCO will expire once the defendant has served their sentence.
Civil restraining orders are handled in civil court and are commonly issued in instances of alleged physical or sexual abuse, stalking, or other threatening behavior. They are extremely common outcomes of domestic violence allegations in Rhode Island.
When the victim first applies for a restraining order against their alleged abuser, the court will issue a Temporary Restraining Order (TRO), which will remain in effect for up to 21 days. This is intended to allow time for the defendant to be served, and the time frame can be extended if the defendant cannot be located.
At the defendant's second hearing, the court will have the option to grant the actual restraining order. This order can remain in effect for up to three years, and the victim can apply to have the order extended if they still feel in danger after this time has elapsed.
Penalties for Violating a Restraining Order in Rhode Island
In Rhode Island, restraining orders can come from a Family Court, District Court, or Superior Court. The penalties for violating a restraining order vary depending on which court granted the order. Violating an order from a Family or District Court is a criminal offense punishable by up to one year in prison and a fine of up to $1,000.
Violating a restraining order issued by the Superior Court is considered a civil violation, meaning the defendant must be brought back to court to face contempt of court charges.
Being on the receiving end of a restraining order can make your life very difficult. You will be prohibited from contacting the petitioner, with the possible exception of going through their attorney, and could be evicted from your home. You may not be able to contact your child or children without court permission. If the restraining order comes from a coworker, it could jeopardize your ability to continue working in the same place.
Threats to Your Rhode Island Nursing License
As a nurse, you should be aware that misconduct allegations against your license can come from anywhere. Disgruntled patients, their families, coworkers, and other individuals can accuse you of violating the Rhode Island Nurse Practice Act. When this happens, the state's Board of Nursing will launch an investigation and decide the fate of your nursing license.
Complaints are generally made in response to your performance as a nurse. But it's possible that an individual, such as the victim of an alleged domestic violence incident, can report your out-of-work behavior to the Board as well.
This is why it's vital that you respond immediately to any accusations of domestic violence made against you. The sooner you begin working on your defense, the better chance you have of securing the best possible outcome for your case.
The Lento Law Firm's Professional License Defense Team can help you understand what's going on, how you can defend your rights, and what it will take to ensure you keep your license to practice nursing in Rhode Island.
The Lento Law Firm Can Help You Protect Your Nursing License in Rhode Island
Rhode Island takes a strong stance against domestic violence. The fact that it does not require nurses to immediately report convictions to the Board of Nursing does not mean that the Board will not find out about these convictions or that it won't administer stiff penalties when it does learn about them.
The Lento Law Firm Professional License Defense Team knows how to protect nursing licenses in Rhode Island. When you work with our team, we'll be by your side every step of the way, answering any questions you have and doing everything in our power to protect your license.
We understand the Rhode Island Board of Nursing's investigative process and its disciplinary proceedings. We can help with every detail, from ensuring you don't miss deadlines for submitting paperwork to the board to helping with your appeal should you disagree with the Board's final decision. If you're currently working through a criminal trial, we can even advise your criminal attorney on what effects any particular resolution of your case may have on your professional license.
Remember—your criminal trial for domestic violence charges is an entirely separate matter from the state's investigation into your nursing license. And your nursing license is essential to maintaining your career and earning a living. If your license is in jeopardy, you need to do everything you can to protect it. And that means contacting the Lento Law Firm.
If you're ready to defend your nursing license in the state of Rhode Island, we're ready to help. Call the Lento Law Firm's Professional License Defense Team today at 888-535-3686 or contact us online to get started.
