Domestic violence offenses generally mean any criminal act that includes physical, sexual, or psychological abuse of a person you share an intimate of family relationship with.
Assault and battery, is generally the most common offense and can include something as small as unwanted physical contact. Consent, privilege, accident, or self-defense can all be good defenses if you are charged with these offenses.
If you are charged with a criminal offense of domestic violence, often the judge will make part of your bail conditions to include a no contact order with the alleged victim. It can be devastating to a family to have you separated. Act soon to protect your rights. An experienced lawyer like Attorney Scott Bradley will aggressively defend you, and seek to have bail conditions modified to get you back into your house.
Restraining orders can fall under the Abuse prevention statute: MGL Chapter 209a. Restraining orders are technically civil cases. However, violations are criminal. If you are convicted, you may go to jail for up to 2 1/2 years. You would have to enter and complete a long and expensive batterer’s program in most instances. If a restraining order is issued against you, then your name and information is entered and kept forever in a state restraining order database.
Breaking up is hard to do and a lot of people seek revenge by seeking a restraining order against you. They may just want revenge, or money, or a better deal in the divorce or child custody battle. Then you are alleged to have violated it and get arrested. Most prosecutors ask for bail. All judges are tough on these cases. I have had great success beating these cases for clients. I have great success in cases where we can establish some motive as to why the person is making it up. Ie: divorce, money, you cheated, child support, child custody. I have had great success even with cases involving injuries to the alleged victim. I am experienced and successful in using self defense, first aggressor and prior bad acts evidence in your defense.
If you are found guilty or plead guilty your life as you know it is over. Not because you may go to jail. But, because the person who had you arrested gains more control over you. That person is aware of your sentence and aware when you are on probation. They are also aware that an accusation that you somehow contacted them or hurt them means you are in violation of your probation.
At a probation surrender hearing, only a judge hears your case and decides how to punish you. If you plead guilty when you shouldn’t then you give up your chance to fight the case and give up on a jury trial. Most domestic violence cases are tried before juries and not judges. You need a lawyer like myself who is experienced, aggressive and not going to sell you out. I am going to fight hard and prepare your case to put you in the best position to win.
You always need a tough lawyer in any domestic violence case. Be it assault and battery, violation of a 209a restraing order, harrassment protection order, rape, or assault to rape. If the person is elderly, pregnant, or mentally retarded then the penalties increase.
Do not make statements to the police. Do not talk yourself into a guilty plea. Call me to start preparing your defense so that at the end of the process we may hear dismissed or not guilty.