While most cases of domestic violence are not reported, those that are may lead police to file criminal charges. Domestic violence is not uncommon, but sometimes difficult family environments lead to mistakes being made and false accusations being raised. Embellishments and exaggeration often occur. Regardless of what happened, it is your attorney’s job to advocate in your best interests.
There are several defenses to an Assault and Battery on a Family or Household Member charge, such as:
Besides defenses, aggressive plea negotiations are also an option, which in some circumstances can avoid a trial or admitting to a charge all together. For married couples, there is also the possibility of issuing a martial waiver, which can but not always result in a charge being dismissed.
If you or someone you love faces a domestic violence charge, contact a criminal defense lawyer who will be willing to listen and hear your side of the story. Contact Medford lawyer William Barabino by calling his law office at 781-393-5900.
Typical Direction of a Domestic Assault and Battery Case
Massachusetts General Laws Chapter 265, Section 13M defines the crime of Assault and Battery on Family or Household Member (AKA “Domestic Assault and Battery”). The crime of Domestic Assault and Battery has many similar elements to other types of assault and battery but is often looked upon by district attorney prosecutors differently.
Many people are unaware that police departments have established arrest policies for allegations of Domestic Assault and Battery charges. However, if a person calls the police, there is a good chance someone is going to jail.
Domestic Assault and Battery is different from regular Assault and Battery since Domestic Assault and Battery additionally requires either that two people are:
- Married
- Have a child in common
- Are in a “substantive dating relationship.”
District attorneys are vigilant when they prosecute Domestic Assault and Battery cases because they want to ensure that future incidents do not occur and that no person is in danger. They are often concerned that the existence of a domestic violence charge is indicative of an underlying pattern of abuse in a household. Often times, domestic violence is not a one-time incident, like a bar fight or a public brawl. Domestic violence typically results from a pattern of difficulties a family may face over an extended period of time.
Additional Consequences of Domestic Violence Charge
There may be additional criminal consequences resulting from an incident of domestic violence, such as:
Because of the seriousness of a Domestic Assault and Battery charge and these possible additional consequences, it is essential that you hire an attorney with extensive criminal law experience, like Attorney William Barabino. Attorney Barabino has a track record of success with domestic violence charges. Over his many years of practice, he has secured numerous dismissals and acquittals for his clients
Take Action Now and Talk to a Massachusetts Criminal Defense Attorney
If you are facing charges or are under investigation for domestic violence, contact Greater Boston Area criminal defense attorney William J. Barabino. Call his Medford, Massachusetts law office at 781-393-5900 or complete his online contact form, which you can find here.
