Boston Domestic Violence Lawyer

Domestic violence and spousal abuse are common crimes in Massachusetts District Court. I have 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 wind up viewing that.  Sometimes a husband will literally "volunteer" to be arrested so that his wife can remain home with the kids.

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 wants the 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. One way to do that is to uncover information about bias on the part of the accuser, or to unearth other exculpatory evidence. 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 Initial Consultation: Contact Boston domestic violence lawyer David Yannetti.