Domestic Violence

There are few criminal cases more stressful than a domestic violence charge. These criminal cases are highly emotional and can be the most difficult for the parties involved. If you are facing charges of domestic assault, you need an attorney on your side that’s willing to fight for you no matter what everyone else is saying. I know you may feel like you are completely on your own.

The fact is, that the court system is simply never going to give you the benefit of the doubt in a domestic case. You need to fight with everything you have to get fair treatment in court. And you need an attorney who will be relentless in defending you.

The reason domestic violence cases are so difficult for both the defendant and the alleged victim is due to the relationship between them. Emotions are high as these charges can stand to forever change your life and the people in your life. Depending on the specifics of your case, charges like this can cost you more than your freedom; they can cost you your family.

When it comes to domestic violence in Massachusetts, you will likely face both criminal and civil proceedings. Because the state acts to protect the alleged victim, a protection order will be issued as soon as possible. Your restraining order issues will be handled in civil court–take a look at my restraining order violations page for more information on this.

A criminal battery or assault charge can be considered a domestic assault depending on the relationship between you and the alleged victim. However, contrary to many people’s beliefs, you don’t have to be married. Any of the following relationships can qualify the charge for a domestic classification:

• Spouses
• Ex-spouses
• Roommates
• Related by blood or marriage
• Engaged or dating
• Parents who share a child

Massachusetts Domestic Violence Penalties

Typically, a domestic assault charge carries a potential 2 ½ year prison sentence and fines reaching $1,000.

However, if the assault is committed while a protection order is in place, that potential sentence is elevated to up to 5 years and $5,000 in fines.

Other things like the severity of the assault or if a weapon was used can further increase your potential penalty when charged with domestic violence.

Ref: MGL §265.13A

When it comes to domestic violence charges, the prosecution doesn’t want to appear to give a defendant any breaks. These laws are designed to protect the victim and prosecutors can go after the charges with a vengeance in some cases.

This doesn’t mean you case is hopeless, however. There are many factors that can have a positive influence on your case and I intend to seek them out.

We can challenge the evidence against you or capitalize on your lack of criminal record, for example. We can even work with the prosecution to potentially get you into anger management classes or probation in lieu of jail time.

Exactly how we handle you case depends on the specific circumstances of your situation. Contact me to discuss the details. I can give you a free consultation and some valuable legal advice during this time of need.

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