Articles Posted in Domestic Violence

by

Beginning in 2014, a new crime was created in Massachusetts, separating assault and battery committed against a family member from other types of assault and battery. As a result, the penalties for domestic assault and battery are generally more serious than those for regular assault and battery. This applies to felony and misdemeanor charges, alike.

Unique Consequences of a Domestic Assault and Battery Conviction

Penalties for assault and battery differ based on multiple factors, including whether the alleged victim was a family member. Below are some additional consequences, unique to domestic cases.

  • An individual charged with domestic assault and battery is required to enroll in a batterer’s intervention program.
  • Second and subsequent offenses of domestic assault and battery will be charged as a felony and may carry penalties of up to five years in prison.
  • So-called “dangerousness hearings,” which often lead to the defendant being held without bail, have looser requirements in favor of the alleged victim.

One of the most common questions asked by individuals who are charged with domestic assault and battery is whether the offense is being charged as a misdemeanor or a felony. In MA, as in most other states, the answer to this question is based largely on the severity of the crime and whether or not the defendant has a prior criminal record.

What Constitutes Felony Domestic Assault and Battery?

In addition to second and subsequent charges, any type of assault and battery (domestic or otherwise) that involves the use of a dangerous weapon will be considered a felony offense. But what exactly is a dangerous weapon? Does the defendant have to be in possession of a gun or knife?

Surprisingly, not only is the presence of a gun or knife not a requirement, but a dangerous weapon charge can occur even when no weapon, other than the defendant’s own body, is used. For example, if a husband kicks in the bedroom door before assaulting his wife, his foot could be classified as a dangerous weapon. That being said, an experienced Boston defense attorney can help you get this classic example of an “overcharge” reduced from felony to misdemeanor.

Domestic assault and battery will also likely be charged as a felony if the offense resulted in serious bodily harm, or if it was committed alongside another felony offense, such as rape.

And if a protection order was in place during the commission of domestic assault and battery, you may be charged with a felony.

Even if you are not charged with a felony, misdemeanor domestic assault and battery is a serious offense. Any criminal record can come back to haunt you for decades, but one involving domestic violence carries particularly severe consequences. In addition to difficulty finding housing and employment in the future, you may also be at risk of losing custody of your children. And noncitizen immigrants could face deportation.

Penalties for Misdemeanor and Felony Domestic Assault and Battery

  • Misdemeanor: Up to two-and-a-half years in prison and a fine of up to $1,000.
  • Felony: Up to five years in prison and a fine of up to $5,000.

Any type of domestic violence charge carries jail or prison time, fines, and a life-altering stigma. An experienced MA defense lawyer can help you protect your rights and reputation if you are facing charges for domestic assault and battery. Continue reading

by

None of us really wants to be on the other side of the  justice system. But when we find ourselves in such a position, it is essential that we face the problem head on, and deal with it immediately. Unfortunately, warrants do not just disappear.  Avoiding or postponing the inevitable will almost certainly result in more severe consequences.

In criminal cases, failure to appear at a scheduled court date may result in the judge issuing a warrant for your arrest. If this happens, you will need to act immediately; police may take you into custody at any time.

Bench Warrants vs. Arrest Warrants

Warrants are issued for a multitude of reasons. In MA, there are two primary types of warrants – bench warrants and arrest warrants. The differences between the two are explained below.

A bench warrant may be issued if you fail to appear for a scheduled court date. Police have the authority to take you into custody if you have an outstanding bench warrant. In addition to failure to appear in court, these warrants are issued for violating probation, and failure to pay child support or complete community service. If police take you into custody on a bench warrant,  you could end up stuck in jail until the court schedules a hearing on your case. You will also likely have to pay court fees.

When a bench warrant is issued against you, police may or may not actively seek you out. For this reason, people often mistakenly assume that the problem has miraculously disappeared. But even a minor traffic stop years later can result in police running your name, seeing the warrant, and placing you under arrest.

An arrest warrant is issued when a police officer provides substantial evidence that you have committed a criminal offense. If a judge issues the warrant, police are authorized to arrest you at any time. One main difference between bench warrants and arrest warrants is that police will actively seek you out when an arrest warrant has been issued. If taken into custody, you could be held in jail without bail until the court schedules a hearing on your case. A Boston criminal defense attorney can help you determine how to proceed if you are facing a bench or arrest warrant.

Failure to Appear in Court

In addition to the issuance of a bench warrant, failure to appear in court may also carry its own penalties. In Massachusetts, the penalties for failing to appear in court may include:

  • Failure to appear on a misdemeanor proceeding: Up to one year in jail and fines up to $10,000
  • Failure to appear on a felony proceeding: Up to two-and-a-half years in jail and fines up to $50,000

You can avoid a warrant and the penalties above by dealing with the problem proactively and arriving on time to all scheduled court dates. If you accidentally miss a court hearing, however, a skilled Boston defense attorney can help you protect your rights. Continue reading

by

Domestic abuse is a serious crime in MA, and nationwide. And for good reason. Nobody should suffer physical or emotional abuse at the hands of a loved one. When men and women are being harmed by a spouse or intimate partner, they should be able to end the abuse and seek justice. All too often, however, allegations of domestic violence are motivated by something other than actual abuse. Jealousy, revenge, and child custody disputes are often at the core of false accusations of domestic abuse. If you have been falsely accused, what do you do?

What to Do if Falsely Accused

Your actions following a false accusation of domestic abuse are of extreme importance. For starters, don’t lash out at your accuser; it’s important to remain calm and level headed. The tips below will help you avoid making a wrong move in these crucial moments:

  • Do not contact your accuser.
  • Consult with a Boston defense attorney experienced in domestic abuse cases.
  • Identify what may have caused the false accusation – jealousy, child custody, other legal proceedings?
  • Secure your valuable possessions. It is common for false accusers to take valuable items, knowing you won’t be able to retrieve them for an extended period of time, if ever.
  • Change passwords, bank accounts, pin numbers, and any login information. If your ex has access to any of the above, it can be stolen and / or used against you.

If your partner or ex is displaying erratic behavior but hasn’t yet accused you of domestic abuse, it may be in your best interest to share your concerns with family members and friends. They are less likely to turn against you if you shared the warning signs before any accusations were made.

False allegations of domestic abuse can ruin a person’s life. In addition to harming personal relationships with friends and family, a domestic abuse charge can have a negative impact on your career, child custody arrangements, adoption proceedings, and countless other aspects of your life. If convicted, you may find yourself behind bars for years. Even those who are eventually proven innocent may have a difficult time recovering from the stigma associated with domestic abuse. This is why it is so important to remain calm, be as prepared as possible, and hire a highly-skilled MA domestic abuse defense attorney to help you navigate this complex and emotional process.

Penalties for a Domestic Abuse Conviction in MA

If you are convicted, the penalties for domestic abuse are severe. As with any crime, the punishment is largely dependent on prior criminal history and the circumstances surrounding your case. Further, there are many types of domestic abuse-related crimes, from assault to stalking. If you have been charged with domestic abuse, you may be facing the following penalties:

  • Violating a protective order: Fine of up to $5,000 and up to two-and-a-half years in jail.
  • Assault and battery: Fine of up to $1,000 and up to two-and-a-half years in jail.
  • Assault and battery, when a protective order exists: Fine of up to $5,000 and up to five years in prison.
  • Stalking: Fine of up to $1,000 and up to two-and-a-half years in jail. Second and subsequent stalking convictions are punishable by up to 10 years in prison.

Continue reading

by

Beginning in 1996, federal law made it illegal for any person convicted of domestic abuse to purchase a firearm. But in the more than 20 years since that law passed, countless mass shootings have been perpetrated by individuals with a history of spousal abuse. Recently, a man convicted by the Air Force of beating his wife and stepson opened fire at a church in rural Texas, killing 26 people. How did Devin P. Kelley obtain an AR-15 military-style rifle after a domestic abuse conviction? According to the Air Force, his conviction was never entered into the National Criminal Information Center database.

“I am deeply disturbed — in fact, outraged — that this domestic violence conviction was apparently never reported, and what concerns me equally is the possibility that it’s only one example of non-reporting by the Department of Defense,” said Senator Richard Blumenthal, in a recent interview.

Massachusetts Laws on Guns and Domestic Violence

As of 2014, anyone convicted of a crime of domestic violence is prohibited from owning a firearm in Massachusetts. This is even true of misdemeanor convictions. In MA, domestic abuse includes any act of violence or abuse committed by one member of the household against another. Abuse includes:

  • causing or attempting to cause physical harm,
  • putting someone in fear of serious bodily harm, and
  • threatening or forcing another to have sexual relations.

And domestic abuse isn’t always physical. It can be emotional or sexual, and can even involve neglect or financial abuse. Domestic abuse crimes include:

  • assault,
  • violation of a 209A abuse prevention order (restraining order), and
  • intimidation of a witness.

What About Restraining Orders?

In MA, the issuance of a 209A abuse prevention order will automatically disqualify you from having or obtaining a License to Carry Firearms (LTC), or a Firearms Identification Card (FID). Regardless of whether the order is temporary, permanent, or an emergency order, you will have to surrender all firearms to the police. Once the order is lifted, you may be able to get your FID reinstated, and your firearms may be returned to you. A Boston criminal defense attorney can help you determine your rights if a protective order has been issued against you.

Can I Seal a Domestic Abuse Conviction?

In addition to the prohibition on buying or possessing firearms, any type of domestic violence conviction can negatively impact your ability to get a job or find housing for years into the future. In some cases, you may be able to get your conviction sealed, effectively hiding it from background checks conducted by employers and landlords. Once your record is sealed, only law enforcement agencies will have access to your criminal record. In rare cases, your sealed record may be accessed if you apply for a firearms license.

If your conviction was for a misdemeanor, you must wait five years to have your record sealed. The waiting period for a felony is 10 years. A MA defense lawyer can help you determine if you are eligible to have your criminal record for domestic violence sealed from public view. Continue reading

by

Unfortunately, domestic violence is not uncommon in this country. Although the term domestic violence usually brings to mind the image of an abusive husband or boyfriend, this offense actually covers a broad range of criminal behavior. When a person subjects a parent or grandparent, child, cohabitant, or current or ex-partner to unlawful physical or emotional injuries, that person may be charged with domestic violence.

Domestic violence can involve physical abuse, such as when a parent strikes a child, and emotional abuse, such as when a husband forbids his wife to leave the house. Domestic violence – which may also be called domestic abuse, dating violence, and spousal abuse – occurs when one person in one of the aforementioned domestic relationships puts down, attempts to control, or physically harms the other.

Types of Domestic Violence

Domestic violence comes in many forms, and many victims experience multiple forms of abuse. Some of the most common types of domestic violence include:

  • Child endangerment is one lesser-known type of domestic violence. This form of abuse occurs when a caretaker places a child in a high-risk situation.
  • Elder abuse refers to the abuse or neglect of a person age 65 or older. In addition to physical and emotional abuse, this offense encompasses financial exploitation and abandonment.
  • Domestic sexual abuse can take many forms, from forcing a spouse to engage in unsafe sex practices to incest and rape of a child.
  • When an intimate partner, or a child caring for an elderly parent or grandparent controls the victim by withholding or stealing money, this type of financial abuse can be a form of domestic violence.
  • Stalking involves repeatedly harassing and threatening a victim, showing up at his or her home or place of employment, leaving harassing voicemails, and repeatedly sending unwanted emails or texts. A MA stalking defense attorney can help you determine how to proceed if you’ve been charged with stalking or cyber-stalking.
  • Teen intimate partner abuse occurs with shocking frequency; up to 12 percent of all teens in grades 7 through 12 have been victims of physical abuse by their teen partner, and about 20 percent have been victims of psychological abuse. Teen intimate partner abuse dramatically increases the victim’s risk of developing risky behaviors, such as practicing unsafe sex, using drugs, eating disorders, and suicide. Further, teen victims of domestic violence are more likely to become victims again as adults.

Studies show that domestic violence affects up to five percent of adult relationships in this country alone. About two million of those victims are women. In 2003, domestic violence was involved in approximately 1,300 deaths. And about 50 percent of all women who are murdered are domestic violence victims.

Depending on the severity of the charge and whether the defendant has a criminal record, domestic violence can be a misdemeanor or a felony offense. If the victim is a child, a felony charge is more likely. If you are charged with domestic violence you may have to pay hefty fines, perform community service, attend anger management programs, and submit to a restraining order. You may also see time behind bars. A Boston domestic violence defense attorney can help you determine how to protect your rights if you’ve been charged with domestic violence or any other crime. Continue reading

by

People make mistakes, and couples fight. When that fighting becomes physical, criminal charges may follow. But what if you were both drinking and things just got a little out of control; she pushed you and you pushed her back. Nobody got hurt, but in her intoxicated state, she called the police. When the officers arrived, she exaggerated the situation, saying you pushed her into the wall and her head has been throbbing ever since. You are arrested and charged with domestic abuse. In the light of day, she regrets what she did…but it’s too late. Or is it?

Record

Create a written record of the night’s events. If police ignored your claims during the arrest, they may not have written an accurate report. With time, even your memory about the situation will begin to fade. Write down what happened as soon as you can. A MA defense attorney can help you protect your rights, reputation and freedom if you’ve been charged with domestic abuse.

Witnesses

If anyone witnessed the incident, or has witnessed past incidents that could corroborate your story – see if they are willing to provide a sworn written statement, or an audio or video recording. Also, if anyone will testify that the alleged victim was drunk the night of the incident, this information can help you challenge his or her credibility.

Text Messages

In today’s world, text messages are an extremely useful piece of evidence in criminal cases. A string of belligerent text messages from the night of the incident can provide unparalleled insight into a person’s thoughts and feelings at a specific moment in time. Social media and email can be just as useful.

Dress to Impress

Conservative, business attire should be worn at all meetings, court hearings, and in any court setting. Tattoos and facial piercings should be covered if possible. Fair or not, it is human nature to judge a book by its cover. When it comes to criminal cases, you want to be judged in the most favorable light possible.

Consult with an Experienced Attorney

Domestic abuse cases are not something you want to attempt to handle on your own. A skilled Boston defense attorney can help you determine how to proceed if you are facing domestic abuse charges. Your attorney will know what questions to ask to position you for the best possible outcome. For example, if the alleged victim lied about the abuse, what motivations did he or she have to lie? Is there any unexplored evidence? What might negatively impact the alleged victim’s credibility?

Affidavit of Non-Prosecution

If the alleged victim lied – and felt badly about it soon after – he or she may decide to drop charges. But alas, in the state of MA, the accuser cannot just drop charges. Once a report is made, remorse isn’t enough to stop the freight train that will follow. If the alleged victim signs an Affidavit of Non-Prosecution, however, a dismissal may be easier to achieve. An Affidavit of Non-Prosecution is a sworn statement from the alleged victim, requesting to stop prosecution. Continue reading

by

Domestic abuse is a serious matter, and a false accusation can be severely damaging to your reputation and to the criminal justice system as a whole. False accusations create an environment in which the integrity of victims of actual domestic abuse is called into question. False accusations of domestic abuse are more common than most people think. Jealousy, anger, and revenge can drive people to do unspeakable things. A Boston criminal defense attorney can help you protect your rights, reputation, and freedom if you have been falsely accused of domestic abuse.

 

  • Don’t meet with your accuser alone. If you have to come into contact with your accuser, make sure that you have a witness with you, and meet in a public place. For example, if you have to pick up personal belongings, ask your partner or ex-partner to meet you in a grocery store parking lot with the items, and have someone with you during the exchange. Without a witness and a public location, the meeting could turn into another false allegation.

 

  • Seek legal counsel immediately. An experienced attorney is essential to a favorable outcome in this type of situation. A lawyer will understand the complexity of your situation and will position you for the best possible outcome. He or she will ensure that you don’t say or do the wrong thing, and that you fully understand your rights and options. The right attorney will also provide moral support during what may be an emotional process.

 

  • Avoid behaviors that may be used against you in court. Your integrity and character will be assessed in court. As such, you want to present yourself in the best light possible. To achieve this goal, it is crucial to avoid certain actions, such as engaging in arguments with your accuser, punching holes in walls, or making violent or threatening jokes. Any of these actions can make you look unstable, further substantiating your accuser’s case.

 

  • Remain calm and focused. False accusations of domestic abuse can be extremely stressful. In a stressful situation, it is easy to make poor decisions, but even one bad decision can destroy your case. This is another reason why a good lawyer is so important; a compassionate, experienced MA defense lawyer can guide you through the process so that you avoid making destructive choices. It’s also important to look after your physical and emotional health during such a stressful process. Maintain a healthy diet, get plenty of exercise, and surround yourself with supportive people.

Consequences of Domestic Abuse Allegations

Beyond damage to your reputation, false allegations can create a tidal wave of other life-altering consequences, including:

  • Custody issues
  • Mediation for family disputes may be disallowed
  • The issuance of a restraining order
  • Exclusion from the family residence
  • Parenting issues
  • The need to complete anger management or treatment programs
  • Restriction of certain civil liberties

Further, if you are convicted of any type of domestic violence, you will likely receive time behind bars, hefty fines, and a criminal record. If you have been falsely accused of domestic abuse, don’t act out of anger, and don’t make the mistake of hiring an inexperienced attorney. Continue reading

by

As of 2014, residents of Massachusetts are prohibited from owning firearms if they’ve been convicted of any type of domestic violence crime. That being said, no law is currently in place requiring courts to notify those affected by this legislation. If you have been found with a firearm following a domestic violence conviction, it is crucial to consult with an experienced Boston criminal defense attorney immediately. MA takes gun charges seriously, especially when the defendant has a past criminal history.

The Second Amendment of the Constitution guarantees the right to bear arms to all citizens of the United States, except under certain circumstances. For example, if you are convicted of a felony, you give up your rights under the Second Amendment. In some cases, individuals can restore their civil rights following a felony conviction. But this is rare. You may be prohibited from possessing a firearm if you:

  • Were convicted of a juvenile crime.
Continue reading

by

If you were falsely accused of domestic assault and battery, it’s important to seek the counsel of an experienced defense attorney, and fast. The charges – also known as domestic violence or domestic abuse – have serious implications in MA. In addition to a criminal record and fines, you may be required to complete anger management programs, or more expensive “batterer’s” programs. In some instances, you may have to avoid all contact with the person you are accused of harming.

Domestic violence is a serious crime, but an experienced MA defense lawyer understands how often these charges are exaggerated – or even completely fabricated – as a result of relationship problems. More than one jealous lover has falsely accused his or her mate of domestic violence. These false accusations are even worse because they undermine incidences of real domestic abuse.

What is Domestic Assault and Battery?

Domestic Assault and Battery is similar to regular assault and battery, but it involves a family member or someone who lives with you and with whom you have a close, personal relationship. Assault is a threat of violence, and battery involves unwanted physical contact with the intent to cause harm. Neither assault nor battery have to result in actual physical harm to be a crime. Even the intent to harm another can land you behind bars.

Penalties for Domestic Assault and Battery

If convicted of any type of domestic violence, you may face penalties including hefty fines and time behind bars. As with any crime, the penalties vary depending on the severity of the underlying offense and prior criminal history. Penalties may include:

  • First offense: Up to 30 months in prison and a $1,000 fine. You may also have to enroll in a Certified Batterer’s Program, which can cost more than $3,500.
  • If the victim is seriously injured, over the age of 65 or pregnant, the crime may be classified as “aggravated.” Aggravated domestic assault and battery is a felony offense and carries up to five years in prison.
  • When a dangerous weapon is involved, you may be charged with assault and battery with a dangerous weapon. If convicted, the penalty is up to 15 years in prison.

False accusations are a serious problem; they are costly, time consuming, and can ruin a person’s reputation and life. An experienced Boston defense attorney will know how to find the weaknesses in the prosecution’s case and use them to prove your innocence. Domestic violence is a serious crime in MA. Don’t let a bad break up give you a criminal record.

What if My Accuser Drops Charges?

In Massachusetts, even if the alleged victim recants his or her accusation, you will still be arrested. This may seem odd, and even unfair, but this policy is intended to protect victims of abuse. If your accuser decides they don’t wish to press charges, you are still not in the clear. The District Attorney’s office often ignores requests to drop charges in domestic violence cases. It is common for victims of domestic violence to feel pressured by their abuser to drop charges and “work things out,” and the courts want to avoid a revolving door of repeat cases. Continue reading

by

Also known as domestic abuse, domestic violence charges are aggressively prosecuted in Massachusetts. To understand how to handle these charges, it’s important to first understand what constitutes domestic violence. In MA, domestic violence includes almost any crime of abuse that is committed by one household member against another. Types of abuse include:

  • An attempt to cause physical harm
  • Causing fear of imminent physical harm
  • Making another engage in sexual relations by physical force, threat, or duress

As you can see from the different forms of abuse above, domestic violence can be emotional and sexual, as well as physical. It can even include economic control and neglect. For example, if a man refuses to buy food for his wife unless she has sexual relations with him, or if a boyfriend locks his girlfriend in the basement for two days because he is jealous of her male friendships.

In order to make an arrest for domestic violence in MA, a police officer must have probable cause to believe that a domestic violence offense has occurred within the past four hours. If the officer believes this to be the case, he or she will arrest the individual believed to be the main aggressor in the incident. In some situations, this is obvious. In others, the primary aggressor is difficult to determine. If a restraining order was violated in the process, state law requires the mandatory arrest of the one in violation.

Charges Cannot be Dropped

In MA, domestic violence cases are not dismissed, even if the victim decides to drop charges. Once filed, only the prosecutor is able to drop charges. And the judge has to approve the prosecutor’s request for case dismissal. It is not uncommon for the State to prosecute a case even when the victim wishes to drop charges and refuses to testify against the defendant. A MA criminal defense lawyer can help you determine how to proceed if you are facing charges for domestic violence.

Penalties for Domestic Abuse in MA

Domestic abuse can be a misdemeanor or a felony. How this charge is classified, and how it is penalized, is largely dependent on the underlying crime, and the defendant’s prior criminal history. In most cases, domestic violence convictions will result in a prison sentence of up to two-and-a-half years and a fine of up to $1,000. Probation, counseling, and substance abuse treatment are often required as well. In some cases, such as when a restraining order was violated in association with the crime, a domestic violence conviction may bring up to five years in prison and up to $5,000 in fines. A Boston domestic violence defense lawyer can help you determine what penalties you may be facing based on the nature of your crime. Continue reading

Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.206.1920Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floo
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Altman & Altman LLP
JUSTIA Law Firm Blog Design