June 12, 2026
Assault and Battery Domestic
The client was a wonderful, pleasant, college-educated young woman from a great family. She was charged with assault and battery on her husband after police responded to a domestic disturbance. Officers took statements from both parties and determined that the client was the primary aggressor, leading to her arrest under the department’s mandatory arrest policy for domestic violence allegations. While this policy does not always feel fair, it is standard in most cities and towns: when there is an allegation of domestic assault and battery, one party is typically arrested. This case, like any domestic matter, was upsetting and anxiety-provoking for the entire family. They contacted Attorney Barabino, who met with them right away and walked them through the entire process. He met with the prosecutor, gathered all the evidence as it came in, and provided a clear analysis of the case. After reviewing the matter with the District Attorney’s office, the case was placed on a hearing. Because the accuser (the husband) was unwilling to testify—by invoking spousal privilege—and given the state of the evidence, the case was dismissed at that hearing.
Result: Marital Privilege Results in a Dismissal of Assault and Battery Charge.