How do I get my personal property when there is a no-contact order or a restraining order?

How does a person get their personal belongings in Rhode Island (RI) when there is a no contact restraining order / Family Court restraining order or a District Court restraining order?

A person arrested for a crime of domestic violence involving his wife or girlfriend, with whom he resides, often needs to obtain his clothes and personal belongings even though there is a no contact order in effect. This also applies when there is a restraining order in effect.

Personal belongings generally consist of personal property such as clothing, slippers, toiletries, uniforms, personal effects, etc.

There are several suitable ways for a defendant to obtain your personal belongings when there is a no contact order / restraining order in effect:

(1) The accused may contact the police department where the victim resides and try to make arrangements to collect his personal belongings. The police will often accompany the person home. The downside to this arrangement is that the police are often in a hurry and enforce a time limit.

(2) If the defendant has a private attorney, the attorney may contact the victim’s attorney who can 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 the victim may have no interest in negotiating. The defendant can also call the victims’ attorneys to make arrangements.

(3) The defendant may try to get his belongings through a third party, such as a friend or family member who knows the victim. The accused must be careful not to violate the no contact order.

(4) The defendant may seek redress in the Family Court or District Court where the restraining orders were filed in an attempt to retrieve their property.

If there is a criminal no contact order, the criminal judge will not be involved in helping to recover the defendants’ personal property.

There is absolutely no case law in Rhode Island (RI) on this matter!