Domestic Violence/Restraining Orders – 209A

Domestic violence and spousal abuse are taken very serious in the Commonwealth of Massachusetts. As a result, police departments have a mandatory arrest policy when the police are called to anyone’s home for allegations of spousal abuse and/or domestic violence. This is true whether the spouse calls 911 or a neighbor calls.

Once either spouse is arrested, it is the Commonwealth’s/District Attorney’s Office decision to prosecute or dismiss a complaint, not the victim’s decision. Because domestic violence is such a “hot button” issue in society these days, the District Attorney’s Office and judge’s are reluctant to merely dismiss a complaint of domestic violence especially where the media spends a considerable amount of time covering incidents of repeated domestic violence.

You need to seek counsel if you are charged with domestic violence as soon as possible so that you can aggressively defend against these charges and attempt to have the matter resolved and obtain an ultimate dismissal.

If you have been charged with domestic violence in relation to a girlfriend or boyfriend, don’t make the mistake of thinking that you and your significant other will simply make-up and the charges will “go away”. A girlfriend/boyfriend, unlike a spouse, doesn’t have the right to not to testify. The District Attorney’s Office can subpoena a girlfriend or boyfriend and force them to testify at trial regardless of whether or not you have “made-up” with your significant other.

Your future and reputation in the community are at risk if a court issues a restraining order relative to complaints of domestic violence. If you are not a legal citizen and are charged with domestic violence, you can almost guarantee that you will face removal proceedings from the United States and ultimately get deported.

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