Domestic Assault and Battery

Spouses, significant others and parents who call the police on their family member to calm a situation are often surprised and upset when that person gets arrested. Many members of the public believe that it is an option to call the police to prevent an argument from getting out of hand or sometimes for help with disciplining a child. However, it is usually the case that once a call is made to the police and they appear at your door, somebody is going to get arrested.

If you have been charged or arrested on the grounds of domestic violence in Massachusetts or called the police on a family member not expecting him or her to be arrested, you need a defense attorney experienced with domestic assault and battery cases. This is an emotional and painful event that requires the special skills of Kathleen McCarthy, an attorney with over twenty years of criminal law experience.

Defendants face charges for domestic assault and battery in courts all across Massachusetts including Concord District Court, Lawrence District Court and Cambridge District Court. Concord District Court is located a few miles off of route 2 at 305 Walden Street, Concord MA. Lawrence District Court located at 2 Appleton Street, Lawrence MA is also located near a main highway, route 495. Cambridge District Court is located at 4040 Mystic Valley Parkway, Medford MA. This court is located right on the highway and is very easy to find.

Contact Attorney McCarthy for the Best Result

If you or a family member has been charged with this type of offense, call Massachusetts Domestic Violence Lawyer Kathleen McCarthy right now at 978-975-8060 or click here to send an email. She will listen to what happened and explain what you are facing, what will happen next, and how she can help you. Kathleen McCarthy is an experienced, thorough and relentless lawyer, powerful in the court room and at the negotiating table. She routinely appears in Lowell District Court, Somerville District Court and Haverhill District Court zealously defending clients charged with crimes.

Defending a Case of Domestic Assault and Battery

If the police respond to a call for domestic assault and battery they want to ensure that the scene is not volatile when they leave because they do not want something to happen to one of the parties after their departure. This is the reason that an arrest is routine in these situations. If you have been charged with or arrested for domestic violence, do not speak with anyone about the occurrence, including police or social workers who appear friendly and "on your side." A friendly law enforcement officer or someone appearing to be from a state or federal health agency who wishes to have a conversation with you might be gathering evidence. The only person you should speak with is your attorney.

Some of the defenses that apply to this area are similar to those in a typical assault and battery case. Thus, there is always the option, depending on the facts of the case, of presenting a case of self-defense, defense of another or simply that it did not happen. In domestic violence cases, an experienced attorney always investigates whether the complaining party had a motive to fabricate the claim of a crime. Some of these motives include jealousy, child custody and alimony issues or just plain and simple trying to control the other party.

Asserting the Spousal Privilege

In Massachusetts, the government cannot force a spouse to testify against his or her spouse at TRIAL. For this reason, even if a spouse does not want to proceed with a case after the spouse has been arrested, some district courts still require that the case be marked up for trial. At this point, if the complaining spouse desires, he or she can assert the privilege on that date. Not all Massachusetts District Courts treat the situation the same, so it is important to contact an attorney familiar with the local court so that she can explain what to expect.

It is important to keep in mind that the prosecutor will evaluate whether he or she can still go forward without the testimony of the complaining witness. There have been developments in the law that mandate that a witness’s statement is inadmissible at trial unless he or she testifies except in a few instances. It is imperative that you have an attorney that is familiar with the law in this area so that you can get the best result possible.

Immigration Consequences Associated With Domestic Assault And Battery

A qualified criminal domestic violence attorney will always inquire about the citizenship status of a client. Although assault and battery is usually not considered the type of offense that Immigration will deport a non-citizen for, domestic assault and battery is viewed differently by the Immigration authorities. Even if a person is a legal permanent resident but not a full- fledged citizen, this type of offense could prevent him or her from ever becoming a citizen. Attorney McCarthy has vast experience representing non-citizens charged with domestic assault and battery and has great results.

209A Restraining Orders And Domestic Assault And Battery

In the event that a spouse or other family member wishes to pursue a criminal case, a 209A restraining order is usually issued. Prior to the issuance of this order, the defendant is entitled to an evidentiary hearing. This if often a tricky situation for a person facing criminal charges. Although a 209A order is a civil order, anything said at the restraining order issuance and extension hearing can be used against a defendant during his or her criminal trial. Thus, it is important to evaluate whether he or she should speak at this civil hearing. For this reason, it is important to have an experienced criminal attorney and restraining order attorney represent you so that all of your interests can be best served. Attorney McCarthy has over twenty-five years of experience in criminal law and has enjoyed success defending civil restraining orders in Suffolk and Essex counties.

Case Results » Domestic Assault and Battery
  • Count Of Domestic Assault Dismissed

    Client was arrested for assaulting his girlfriend following an argument at the grocery store. The pair continued the discord in the couple's jeep and eventually the male exited the vehicle. The police report alleged that he hit the car door, causing damage and "assaulted" the driver/girlfriend. The report did NOT indicate that any of the actions by the male were directed to the female or that she was put in fear of any physical harm. Nonetheless, the male was charged with domestic assault.

    Our office carefully reviewed the materials and a motion to dismiss date was set. After Attorney McCarthy pointed out the fact that the police report failed to allege a crime in this area, the Assistant District Attorney agreed to dismiss the charge.

    Read More in Malicious Destruction to Property

  • Client Avoids Felony Conviction For Intimidation Of A Witness And Domestic Assault Despite Prior Record

    A disagreement between two frustrated spouses resulted in the husband being charged with domestic assault [M.G.L. ch. 265 s. 13M]. The pair ultimately was allowed to reside in the same home. Unfortunately, the contact resulted in the husband facing an additional felony charge of intimidation of a witness [M.G.L. ch. 268 s. 13B]. The Commonwealth moved to have the defendant held pursuant to the "Dangerousness Statute." Following a lengthy hearing the defendant was allowed to leave the courthouse.

    Unfortunately for the client, a guilty finding on a felony would result in the loss of his job. Our office thoroughly investigated the circumstances surrounding the incidents. Our office aggressively litigated the case and ultimately the judge agreed to continue the case for a period of time and provided certain conditions are satisfied the case will be dismissed. Our client left the courthouse relieved with his employment in tact.

    Read More in Bail Hearings 

  • Military Veteran Avoids Prosecution For Domestic Assault And Battery Pursuant To The Valor Act

    The Valor Act [M.G.L. ch. 108 section 16] provides that an individual determined to be a veteran, in active military service or has a history of military service in the United States, may be eligible for a criminal case to be diverted from prosecution to treatment services.

    Such was the case with a veteran, who had served our country, when he faced a charge of domestic assault and battery [M.G.. ch. 265 ch. 13M]. Our office petitioned the probation department to have the client, who was honorably discharged from the military, evaluated for the appropriateness of diverting the case from criminal court to treatment services. It was determined that he qualified for veteran services and he avoided prosecution. Provided certain conditions are satisfied the case will be dismissed WITHOUT the client having to admit to sufficient facts or admit to guilt.

    Read More in Pretrial Diversion