Domestic assault can be a sensitive topic for many different reasons. On the one hand, when domestic assault allegations are true, it means that one family or household member has suffered an assault at the hands of someone else in the family or household. On the other hand, when false allegations of domestic assault are made, it means that someone is lying about being the victim of domestic assault for strategic legal gains. Continue reading
Unfortunately, many domestic violence cases turn into a “he said/she said” scenario. When a lack of reliable evidence is present, justice is left at the door. But it doesn’t have to be. If you have been falsely accused of domestic assault, you can protect yourself by taking thorough and accurate pictures of the incident and injuries you received. This will help mount your defense against a domestic assault allegation. Continue reading
A domestic assault charge is a serious crime with severe penalties and fines. But the costs do not stop there. A conviction carries with it life-long personal and professional consequences. If you have been charged with domestic violence, a skilled attorney can help you understand the repercussions and provide you with your best course of legal action. Continue reading
Few things are more damaging to a person’s professional and public reputation than a false accusation of domestic assault. However, too many defendants assume the system errs on the side of the alleged victim. The truth is that with swift action and a skilled criminal defense team, justice can be reached. The following are a few of the most effective defenses used by skilled defense attorneys to obtain a fair exoneration for their clients who were wrongfully accused. Always remember to challenge the prosecution in a domestic assault case. Continue reading
Should criminal accusations regarding domestic assault and battery subject someone to losing their job? No! Mere accusations of criminal activity does not constitute guilt. So what is behind the public outcry demanding the automatic suspension of football players accused of domestic assault and battery? Obviously not due process.
Due process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.
If you or someone you love is facing a criminal domestic assault or battery charge, it is crucial that you seek counsel to evaluate your case. Gaining the experience of a legal professional is the only way to protect yourself from an onslaught of legal ramification. Knowing your options will help you achieve the best possible outcome for your case and avoid serious long-term loss, both personally and professionally. Massachusetts domestic assault and battery defense attorney Kathleen McCarthy is the person you want to contact if you are charged with one of these cases.
As previously discussed in part 1 of this blog series, if children are present when police come to your home in response to a domestic assault and battery report, they will report the instance of the domestic assault to the Department of Children and Families (DCF) by submitting a 51A report of potential child abuse and neglect, as there is a concern that there may be child abuse in the home as well.
Any close living situation may eventually cause agitation and strife between those people living together. And in some cases, the situation reaches a boiling point and people start to lash out, sometimes even violently. When violence occurs within the home, it is considered domestic assault. In the middle of a heated moment, it can be hard to keep sight of the fact that you love your family members or your children.
A twenty-one year old man faces serious assault and battery charges on the three-year child of his girlfriend. According to the Salem News, Christopher Declid pleaded not guilty in the Salem District Court to a charge of domestic assault and battery causing serious bodily injury after Declid’s sister called the police to report abuse. The police responded to an Extended Stay America in Danvers midafternoon and found the child alone in the corner on a mattress. Apparently, the other family members went out and the child was left behind because he was “bad.” Declid and his girlfriend, mother of the child, both face child abandonment charges. Continue reading