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I am the victim of domestic violence. My soon to be ex husband is evading justice from the charges brought against him.

New Bedford, MA |

He is evading prosecution by staying in a neighboring state (literally 30 mins away). He recently became violent and kicked his sisters door down, when he was arrested on the matter he wasn't brought back to face the charges and I was furious. I was then told by RI that he wasn't in NCIC and until he was they couldn't hold him. I then called the vicitim witness advocate assigned to my case and she told me that the ADA said that they had no control over which data base the warrant showed up in and we would have to wait for him to be picked up in MASS. This sounds outrageous to me and for me to have to live in fear of something clerical just isn't acceptable in my eyes. Does anyone have advice on how to go about getting his warrants into NCIC?

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Attorney answers 2

Posted

I am sorry that you are dealing with this frustrating and unfortunate situation. If you haven't already done so, you may want to obtain a restraining order against your abuser. You should talk to your advocate about how you might be able to have his warrant visible in RI. With respect to NCIC, it is an FBI database and the following is a link for the FBI's contact information and they may be able to point you in the right direction: http://m.fbi.gov/#http://www.fbi.gov/about-us/cjis/ncic. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Asker

Posted

I do have an active restraining order and also turned to the advocate to ask how the warrant can be switched to NCIC and she said the DA's office had no control over it. Thats my issue if the DA doesn't have the power to put it in NCIC then who does?

Emma A. Kremer

Emma A. Kremer

Posted

The FBI maintains NCIC and the FBI, national, state and local law enforcement agencies are able to enter information on the database. If you know the police department that was part of his case, call that department and ask if the warrant and any other information has been put in the database yet.

Asker

Posted

Thanks this is exasperating to say the least.

Emma A. Kremer

Emma A. Kremer

Posted

I know. I can imagine, but law enforcement should be putting this information either in NCIC or whatever other databases there are so that if he is arrested in another state, any outstanding warrants should show up. I'm surprised they didn't show up. I wish you the best of luck and stay safe.

Posted

I am so sorry you are going through this, I know how hard and frustrating the legal system can be and as a victim of domestic violence sometimes it can make you feel even more powerless. I agree with Attorney Kramer that you should consider taking out a restraining order. If your ex violates the restraining order the violation would be criminal and Massachusetts takes restraining order violations extremely seriously. Also, stay in frequent contact with the victim advocate because they can be a great source of information, however they're extremely busy so its unlikely they will call you so stay on top of it by regularly calling them. Best of luck.

Melissa Levine
www.levinepirolaw.com

Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Levine answering your question. It is advisable to consult with an attorney about your personal legal concerns.

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