Boston Domestic Violence Lawyer
Domestic violence and spousal abuse are common crimes in Massachusetts District Court. Attorney Yannetti has handled hundreds of these cases, both as a prosecutor and as a defense attorney.
Most people are unaware that their local police departments have a mandatory arrest policy when the police are called to a home for allegations of domestic violence. That means that if a neighbor calls 911 because a husband and wife are screaming at each other and causing a commotion next door, the police will go to that residence intending to arrest the more "culpable" one -- however they view that. Sometimes a husband will literally "volunteer" to be arrested so that his wife can remain home with the kids. Other times, the police simply get it wrong.
Most people are also unaware that the alleged victim in a domestic violence case does not have the power to "drop the charges." Once a person is arrested and brought before a court for arraignment, the district attorney's office takes control of the case. Most prosecutors will never agree to dismiss domestic violence charges at an arraignment. That means that if you are charged with domestic assault and battery, or violation of a restraining order, or any other type of domestic violence, you should hire a good attorney to work toward ultimately getting the case dismissed.
If you are a victim of domestic violence who is seeking to have criminal charges dropped against your boyfriend, girlfriend, spouse or relative, then you should be prepared to withstand a lot of pressure from the district attorney's office. Early in the process, you will likely be contacted by a victim-witness advocate from the district attorney's office. The advocate's job is to provide information to an alleged victim, as well as to get input from the alleged victim regarding his or her views about how the case should be handled. Oftentimes, a victim-witness advocate will try to convince an alleged victim to "go forward" with the charge, i.e., to testify against his or her loved one. An alleged victim who is unfamiliar with the justice system oftentimes winds up in a state of confusion. You should be aware that unless you are married to the person who is charged with the crime, the district attorney's office can force you to testify. The D.A.'s Office needs only to make sure that you have been served in hand with a subpoena. You may then be forced to testify -- or risk being jailed yourself for contempt.
Of course, there are other cases where charges of domestic violence are simply false. In many of these cases, there are parallel divorce proceedings where emotions are running high, custody of children is at issue, and restraining orders are being sought. Unscrupulous divorce attorneys will sometimes advise their clients to file a criminal charge of domestic violence against their former partner in order to gain leverage for them in a divorce action. If you have been charged with family violence or spousal abuse during a divorce case, you need a lawyer who can quickly assimilate the facts of the situation and protect your interests.
A charge of domestic violence or spousal abuse puts you at risk of having your private life become public information. An experienced criminal defense attorney will be sensitive to all aspects of your case, both inside and outside the courtroom. Your reputation and your future are at stake. If you are not a U.S. citizen, a domestic violence conviction could affect your immigration status and ultimately lead to deportation.
A skillful defense lawyer can raise issues that may resolve a case without the necessity of going to trial and without the necessity of admitting to the charge or pleading guilty. The sensitive nature of these cases makes it all the more important that you retain a battle-tested attorney who will fight for you till the end.
Free Phone Consultation: Contact Boston domestic violence lawyer David Yannetti.
Recent Domestic Violence Cases:
March 2, 2010
Lynn District Court
Docket No. 0913-CR-5381
Client, a member of the armed services, was arrested one night for Domestic Assault and Battery. When the police arrived at his apartment in response to a 911 call, they saw Client's girlfriend lying on the ground with blood coming from a wound on the back of her head. Client admitted to having pushed his girlfriend while she held their 3-month old child in her arms. Client hired Attorney Yannetti, who scheduled the case for trial. Today, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.March 2, 2010
Lynn District Court
Docket No. 0913-CR-5381
Client, a 45 year-old family man and business professional, was arrested one afternoon at his home. The police had received a 911 call from Client's wife, but when she started to speak, the dispatcher heard Client say "You will not . . . " and the line went dead. The police therefore arrived at Client's home and spoke to his wife, who informed the police that Client had pushed her against a row of cabinets in the home, causing her to bump her head and ear. The police took photos of her ear, which was red and swollen. Client's wife also told the police that Client had grabbed their son by the throat and pushed him up against some coat hooks in the garage. Client admitted to having grabbed his son by the shirt and also to having pushed him up against the wall. Client also admitted to hanging up the phone on his wife when she had tried to call 911 because he didn't think she should have been calling the police. At the station, Client told the police that he was going to call his lawyer, but instead called his wife and -- in front of the booking officer -- said to her, "Come on, can't you roll this back? Do something to get me out of this." As a result, Client was charged with two counts of Domestic Assault and Battery and two counts of Intimidation of a Witness, which is a felony. Client hired Attorney Yannetti, who scheduled the case for trial. Today, the prosecutor agrees to dismiss the domestic assault and battery charges and to recommend pre-trial probation for the intimidation of a witness charges. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.February 16, 2010
Malden District Court
Docket No. 0950-CR-2776
Client, a Ph.D. student at a prestigious university, was in the U.S. on a student visa. He was arrested one night for Domestic Assault and Battery after a witness had allegedly seen him standing over his wife in the hallway of their apartment building, yelling at her while she lied on floor with a bloody nose. The eyewitness called 911, and when the police arrived, Client's wife pointed to Client and said, "He hit me! He hit me!" Client told the police that he had had an argument with his wife in their car and that he might have accidently shut the car door on her nose in an attempt to keep her in the vehicle. The police inspected the car and saw no blood. They also saw no blood leading from the car to the apartment building. They did, however, see blood on the hallway wall, near the area where Client's wife had been lying on the floor. If convicted, Client faced almost certain deportation and the ruin of his education and career. Client hired Attorney Yannetti, who prepared an extensive motion in limine and accompanying memorandum of law, and scheduled the case for trial. Today, after receiving Attorney Yannetti's motion and memorandum, the prosecutor for the first time agrees to recommend pre-trial probation for six months. Attorney Yannetti asks the judge to instead impose pre-trial probation for only three months -- and the judge agrees. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Client's visa will also be unaffected and he avoids deportation. Result: Case Dismissed.November 27, 2009
Boston Municipal Court
Roxbury Division
Docket No. 0902-CR-4669
Client, a graduate student at a prestigious university, was in the U.S. on a student visa from Israel. His girlfriend, who had a history of mental illness, called 911 during an argument and Client was arrested and charged with domestic assault and battery. When the police arrived, they allegedly saw Client's girlfriend bleeding from the mouth with scratches to the back of her neck. Client hired Attorney Yannetti to fight the charge. Attorney Yannetti prepared extensive motions in limine and memoranda of law in preparation for today's trial date. When the case is called for trial, Attorney Yannetti's motion to dismiss is granted by the judge. Result: Case Dismissed.November 20, 2009
Taunton District Court
Clerk's Hearing
Client, a 37 year-old businessman going through a contentious divorce, faced a complaint of domestic assault and battery. His wife had called the police to allege that when she arrived at his house to pick up their children, Client grabbed at her, tried to shove a telephone down her shirt and pushed at her. After his wife applied for a criminal complaint against him, Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing. Today, after a hard-fought hearing which featured the testimony of several witnesses, Attorney Yannetti persuades the assistant clerk magistrate not to find probable cause for any crime. As a result, no complaint issues against Client. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.November 19, 2009
Boston Municipal Court
West Roxbury Division
Docket No. 0906-CR-1752
Client, a third-year student at a prestigious law school, was arrested and charged with assault and battery as a result of a 911 call placed by his long-time girlfriend to the Boston Police. When the police arrived, they allegedly learned that a neighbor had seen the girlfriend crying outside Client's apartment. His girlfriend allegedly told the police that Client had banged her face against the floor during a fight inside the apartment, then threw her out. The police allegedly observed bruising and swelling to the girlfriend's face. Client hired Attorney Yannetti to fight the charge. After investigating, Attorney Yannetti scheduled the matter for trial today. Pointing out conflicting statements by Client's girlfriend, Attorney Yannetti persuades the judge to dismiss this case over the strenuous objection of the prosecutor. Result: Case Dismissed.November 2, 2009
Waltham District Court
Docket No. 0812-CR-0368
Client was charged with assault and battery as a result of an alleged incident of domestic violence between his wife and him. The incident in question led his wife to file for divorce, and she very much wanted Client to be prosecuted in criminal court. Client hired Attorney Yannetti to fight the charge. After months of investigation and negotiation, Attorney Yannetti proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after one year -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.October 14, 2009
Boston Municipal Court
Chelsea Division
Docket No. 0814-CR-3681
Client was charged with domestic assault and battery after an eyewitness saw him strike his girlfriend in public. Client hired Attorney Yannetti to fight the charge, which had been brought pursuant to General Laws Chapter 209A. Today, when the case was scheduled for trial, the judge allowed Attorney Yannetti's motion to dismiss the complaint. Result: Case Dismissed.September 2, 2009
Brockton District Court
Docket No. 0915-CR-4011
Client was charged with domestic assault and battery after his wife called 911 to report that Client had pushed her onto their bed, put his hand around her throat and told her that he wanted to kill her. Client admitted to the police that he had in fact pushed his wife during an argument. If convicted, Client faced certain deportation, as he had entered the U.S. on a student visa. Today, on a pre-trial hearing date, Attorney Yannetti persuades the prosecutor and the judge to dismiss the entire case against Client. Result: Case Dismissed.September 1, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3288
Client was charged with domestic assault and battery as a result of allegedly hitting his wife several times while she held their 8 month-old baby in her arms. When the police arrived, Client admitted that he had in fact hit his wife. Client hired Attorney Yannetti to help him to avoid a criminal conviction. Today, Attorney Yannetti persuades both the prosecutor and the judge to place Client on pre-trial probation. Client therefore does not plead guilty and admits to no wrongdoing. As long as he completes a certified batterer's program and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.May 14, 2009
Quincy District Court
Docket No. 0856-CR-6986
Client's girlfriend called 911 to report that Client had punched her in the face. When the police arrived at the house, she was bleeding profusely from her nose, crying hysterically, with a black eye. The police took photos of her injuries. Client was therefore charged with domestic assault and battery and hired Attorney Yannetti to represent him. As the trial date approached, Attorney Yannetti filed in court several motions in limine, seeking to prohibit the prosecutor from introducing damaging evidence against Client. Today, Attorney Yannetti persuades the judge to dismiss the complaint entirely. Result: Case Dismissed.
April 28, 2009
Malden District Court
Docket No. 0850-CR-4568
Client, a data analyst hoping to become an American citizen, was charged with domestic assault and battery as a result of an alleged altercation with his wife. When the police arrived at their home in response to a 911 call at 10:30 p.m., Client's wife told the police that during an argument over certain e-mails that she had sent, Client had allegedly slapped and pushed her. The police observed scratches to Client's wife's face and head. The district attorney's office has a well-known policy of not agreeing to a dismissal of such charges at a pre-trial date. Today, however, Attorney Yannetti persuades the prosecutor and the judge to dismiss the entire case against Client. Result: Case Dismissed.
March 19, 2009
Dedham District Court
Docket No. 0809-CR-300 and 0809-CR-0377
Client, a law student, was arrested for domestic assault and battery, intimidation of a witness, malicious destruction of property, threats, and violation of restraining order. The allegations were made by his ex-girlfriend, who was a law student as well. She claimed that Client had chased her down in an apartment building, slammed her head against the wall, tackled her, pushed her head into the floor, broke her cell phone when she tried to call "911," and violated the restraining order that was subsequently issued by a judge in the aftermath of the allegations. The case took the better part of a year to be called for trial. In the meantime, Client graduated from law school, passed the bar exam, but could not become a lawyer unless he was acquitted of all charges. Currently working for a prestigious law firm, Client would have lost his job if convicted of any of the many crimes with which he was charge. Trial began yesterday. During his cross-examination of Client's ex-girlfriend, Attorney Yannetti successfully exposes her as a liar. Today, Attorney Yannetti achieved an acquittal of all charges for Client. Result: Not Guilty Verdict after Trial.
December 18, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-2838
Client, a college instructor, was charged with domestic assault and battery as a result of an alleged altercation with his fiancée. When the police arrived at their home in response to a 911 call at 3 a.m., Client's fiancée was sitting outside on the steps, barefoot with no jacket. She allegedly told the responding officers that Client had threatened her, choked her and thrown her against a wall. He then allegedly ordered her out of the apartment, throwing her clothing and cell phone on the ground in the process. The police later found the cell phone, in two pieces, inoperable. Client hired Attorney Yannetti, who today persuades the judge to dismiss the case over the prosecutor's objection. Result: Case Dismissed.
December 4, 2008
Newton District Court
Docket No. 0812-CR-0368
Client was charged with a felony -- assault by means of a dangerous weapon -- as a result of allegedly threatening his wife with a hammer and chasing her out of their home. In response to a 911 call, the police arrived to find Client's wife on the street with their young child. If convicted, Client faced the prospect of losing everything he had worked very hard to achieve -- his career and his residence in the U.S. Even a continuance-without-a-finding disposition would have subjected him to deportation to his native country. Client initially hired another attorney, who was not able to persuade the prosecutor to offer pre-trial probation -- a disposition that would require no admission of guilt from Client, and one which would result in the charge being dismissed. Client hired Attorney Yannetti to take the case to trial for him. Attorney Yannetti instead proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after two years -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for either Client's record or his immigration status. Result: Case Dismissed.
November 13, 2008
Boston Municipal Court
South Boston Division
Docket No. 0803-CR-0730
The prosecution alleged that Client had an argument one night with girlfriend, during which he allegedly grabbed her by the neck, threw her to the ground, choked her and threatened to kill her. In response to a 911 call, the police officers arrived and noticed red marks on his girlfriend's neck. Client had a previous felony on his record -- for assault and battery by means of a dangerous weapon -- which had been continued without a finding. As a result, he decided to retain Attorney Yannetti to pursue the best "deal" he could get regarding this new case. After a lengthy negotiation, the prosecutor would not budge from her recommendation of a guilty finding and a conviction for Client, in light of the facts as outlined above and Client's prior history. Nevertheless, Attorney Yannetti today persuades the judge to instead continue this case without a finding over the prosecutor's objection. As long as Client remains arrest-free, this case will be dismissed in one year. Result: Client Avoids a Criminal Conviction.
September 26, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-0518
Client, a 24 year-old college graduate, was charged with assault and battery as a result of an alleged fight with his ex-girlfriend while they were both still in college last January. When the police arrived on scene, his ex-girlfriend was bawling outside Client's apartment building. She reported that Client had smashed her cell phone, then grabbed and pushed her to the ground. Client, seeking a job in the financial industry, would have had his career prospects devastated by a conviction. Attorney Yannetti schedules the case for a jury trial. During the trial, which began yesterday, Attorney Yannetti cross-examines Client's ex-girlfriend and exposes her as a liar. Today, after two full days of trial, the jury returned a verdict of Not Guilty. Result: Not Guilty Verdict after a Jury Trial.
June 3, 2008
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0477
Client and his wife had an argument one night that allegedly turn physical. A neighbor called the police after allegedly hearing Client's wife scream several times in their apartment. When the police arrived, Client's wife told them that Client had struck her, thrown her against a closet door, and then unplugged the phone when she attempted to call the police. Client therefore was charged with assault and battery by means of a dangerous weapon, assault and battery, and intimidation of a witness. The prosecution initially was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who prepared the case for trial. On the trial date, Attorney Yannetti convinces the prosecutor and the judge to dismiss the case after Client's wife elected to exercise her marital privilege. Result: Case Dismissed.
May 29, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-0721
Client, a software engineer for an internet company, was charged with assault and battery by means of a dangerous weapon for allegedly striking his ex-girlfriend with his car. The prosecution initially was unwilling to drop the charges. A conviction for this felony would derail Client's attempts to become a citizen. Client therefore hired Attorney Yannetti, who prepared the case for trial. On the trial date, Attorney Yannetti persuades the prosecutor and the judge to dismiss the case after Client's ex-girlfriend expressed a desire not to go forward. Result: Case Dismissed.
March 31, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8207
Back in January, Attorney Yannetti successfully convinced a judge to dismiss this domestic assault and battery case for Client. Thereafter, Client re-hired Attorney Yannetti to petition the court to seal the official records regarding this case. Today, Attorney Yannetti convinces the judge to permanently seal the records. As a result, Client can now truthfully answer on any job or school application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.
January 9, 2008
Cambridge District Court
Docket No. 0752-CR-3257
Client, an account manager for a software company, and his wife one night had an argument that turned physical. When the police arrived at his home in response to a 911 call, his wife told them that he had shoved her. Client admitted to a mutual shoving match and was arrested for domestic assault and battery. The prosecution initially was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who scheduled the case for a pre-trial conference in an attempt to persuade the prosecutor to change her mind. Today, Attorney Yannetti succeeded in convincing both the prosecutor and the judge to dismiss the case after Client's wife asserted her spousal privilege in open court. Result: Case Dismissed.
January 7, 2008
Boston Municipal Court
Central Division
Docket No. 0701-CR-8207
Client, a psychiatrist, got into a heated argument with his wife one night, causing her to call 911. When the police arrived at his home, his wife told them that he had kicked and pushed her. Client admitted to pushing his wife and was therefore arrested for domestic assault and battery. The prosecution was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who scheduled the case for trial and prepared several pre-trial motions. One of those motions -- a motion for a required finding of not guilty -- explained the corroboration rule and cited legal precedent in an attempt to convince the prosecutor to drop the case. Today, Attorney Yannetti convinced the judge to dismiss the case after Client's wife asserted her spousal privilege in open court. Result: Case Dismissed.
August 29, 2007
Brookline District Court
Docket No. 0709-CR-0492
Client, a 25 year-old foreign national in the U.S. on a visa and hoping eventually to obtain her green card, was charged with domestic assault and battery for allegedly hitting and scratching her husband after a verbal argument. When the police arrested her at her home, they noticed that her husband had scratches around his neck and a laceration on his left forehead. The prosecutor refused to dismiss the case at the pre-trial conference early this month, so Attorney Yannetti marked the case up for trial. Attorney Yannetti answers ready for trial today, after having independently investigated the case and having determined that the police and prosecutor have no forensic evidence, nor any independent witness to the alleged crime. Before trial begins, Attorney Yannetti moves to dismiss the case pursuant to the desires of the alleged victim. Result: Case Dismissed.
July 20, 2007
Quincy District Court
Docket No. 0756-CR-0888
Client, a 29 year-old local man, was charged with assault and battery, intimidation of a witness and malicious destruction of property as a result of a bad break-up with his live-in girlfriend. He allegedly attacked her in a parking lot, grabbed her cell phone and smashed it on the ground when she tried to call the police, then destroyed her furniture and personal belongings in their apartment. After several months and several court dates, Attorney Yannetti first convinces the district attorney's office to dismiss both the assault and battery and intimidation of a witness charges. Then today, Attorney Yannetti convinces the judge -- over the prosecutor's objection -- to continue the remaining charge without making a finding for six months, with unsupervised probation. Client only needs to stay away from his ex-girlfriend, pay restitution for the damage personal property, stay out of further trouble and pay about $200 in court costs. The remaining charge will then be dismissed as well. Result: Client has the two most serious charges dismissed outright, and avoids a criminal conviction on the remaining charge.
July 16, 2007
Suffolk Superior Court
Docket No. 2002-1326
Client, a 41 year-old man with a long criminal record, was held in jail without bail since May. Client had been placed on probation back in 2003 with a 2 ½ year suspended sentence hanging over his head -- then failed to report to his probation officer and did not comply with any of the terms of his probation. While on probation, Client was arrested for a new 2nd-offense OUI case, and then was arrested again for an assault and battery case in which the police allege that Client had broken his girlfriend's leg. Client retained Attorney Yannetti in a desperate attempt to be released on bail until his probation surrender hearing -- which is only eleven days away. Today, Attorney Yannetti convinces a Suffolk Superior Court judge to release client on cash bail, with the stipulation that he wear an electronic bracelet and report to this probation surrender hearing as scheduled. Result: Client released on bail.
June 13, 2007
Boston Municipal Court
Central Division
Docket No. 0101-CR-0771
Client, a 45 year-old man with a long criminal record, was previously represented by another lawyer when he pled guilty to a felony charge of assault and battery by means of a dangerous weapon. Client was placed on probation at that time, with a 2 ½ year suspended sentence hanging over his head. While on probation, Client failed to provide a DNA sample, required of those who have been convicted of a felony. As a result, his probation was not terminated as scheduled. Client then was arrested for a new domestic assault and battery case where the police allege that he bloodied his girlfriend's mouth. Client was also arrested for an unrelated felony larceny case, where the police allege that he stole over $50,000 from an elderly couple. Client then hired Attorney Yannetti, who worked with the State Police and the Suffolk County Jail to allow Client to belatedly provide the required DNA sample. Today, Attorney Yannetti convinces Client's probation officer and the judge not to impose the 2 ½ year suspended sentence that Client was facing. Instead, Client's probation is terminated today and he avoids having to serve any time in jail despite the two new arrests. Result: Probation terminated and Client is discharged from further probation.
April 10, 2007
Somerville District Court
Docket No. 0710-CR-0771
Client was charged with domestic assault and battery for allegedly hitting his wife. Attorney Yannetti convinces the prosecutor and the judge to dismiss the case at the pre-trial conference today. Result: Case Dismissed.
