State v. Lopes

Summary

The Rhode Island Supreme Court affirmed Carlos B. Lopes's misdemeanor conviction for willfully violating a no-contact order. The court held that his due process arguments concerning service and the order's continued validity were waived because they were not raised at trial. It further held that the order's prohibition on "any contact" did not contain an exception for communications with his ex-wife about visitation or their children.

Holdings

1. The due process challenge was not properly before the Supreme Court because Lopes failed to raise it in the trial court.
2. An order restraining the defendant from 'any contact' with the protected person does not contain an implied exception for contact concerning visitation or the well-being of the parties' children.
3. The evidence was sufficient to establish that the no-contact order was issued and that Lopes willfully violated it.

Questions Presented

1. Whether the state failed to prove that Lopes had been served with the no-contact order and that the order remained in effect, thereby violating due process.
2. Whether the no-contact order's prohibition on 'any contact' permitted Lopes to contact his former wife concerning visitation or the well-being of their children.
3. Whether the evidence was sufficient to support the conviction for willful violation of the no-contact order.

Disposition

affirmed