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Domestic Assault and Battery in Massachusetts

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235

Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

You are sitting in the house and arguing with your wife or girlfriend.  Your girlfriend wants you out of the house and decides to call the police on you.  Your girlfriend tells the police that you touched her and before you know it you are arrested and brought to the police station.  The police are very cautious with domestic assault and battery cases.  It doesn’t matter if there are no bruises, cuts, or even if the alleged victim requires medical attention.  It doesn’t matter if the victim is the only person saying that you hit her and there are no other witnesses there.  In fact, the police probably won’t even go talk to other people to see if anyone saw the incident.  It doesn’t matter that the house you were supposedly fighting in looks pristine and nothing looks thrown around.  And it doesn’t matter that you were not found inside the apartment and the police found you later on.  Even with no injuries, witnesses, and the case being completely being her word against yours, it is highly likely you will be arrested for a domestic assault and battery charge. 

The police are very cautious with domestic assault and batteries for many reasons.  One of the reasons is that the police rather be cautious is to ensure the safety of the alleged victim.  The police are very concerned that they will be accused of not doing their job.  If the police don’t arrest a suspect and later the suspect kills the victim, then the police will have a lot of explaining to do.  The last thing the police want is to explain to the press why they didn’t arrest an individual who ended up killing a victim.  Unfortunately, the police can’t tell what suspects are more likely to kill a victim, therefore, they tend to arrest all suspects in domestic assaults and battery to prevent anyone from saying that they aren’t doing their jobs. It makes sense that police are cautious and it makes sense that the police want to prevent any major violence.  Unfortunately, not all victims are telling the truth and many innocent people get arrested for domestic assault and batteries. 

To complicate matters many if not all the district attorneys’ offices have domestic violence units.  These domestic violence units tend to treat each case very seriously.  The district attorneys in Massachusetts want to be strong advocates against domestic violence. This is a noble cause and it makes complete sense to be against domestic violence. If you are ever arrested for a domestic assault and battery you may find it very difficult to dismiss your case.  Even in cases where the victim tells the prosecutor that they want the case dismissed. Once criminal charges are filed, the victim doesn’t have the right to dismiss the case.  The power to deal with a criminal case lies with the prosecutor and ultimately a judge.  Prosecutors understand that most domestic violence victims tend to harbor their pain and protect their attackers. Therefore, in many cases prosecutors will continue to prosecute domestic cases even where the victim wants the case dismissed. 

The problem with domestic violence cases is where a victim is lies about the attack.  Unfortunately, there are many alleged victims that abuse the criminal process to gain an advantage against the accused in some way.  It is very difficult for prosecutors to decipher victims that change their story as a result of battered woman syndrome, or an alleged victim has lied from the beginning and is abusing the system.  As a result, if you are charged with a domestic assault and battery in Massachusetts you are in a difficult situation.

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