Massachusetts Domestic Violence Attorney
Is Domestic Violence a Felony in Massachusetts?
In the State of Massachusetts, domestic violence (aka domestic abuse) is typically not a felony unless there are multiple occurrences, there was a use of a deadly weapon, or any other escalating circumstances. Additionally, it is important to note that violating a protective order is also considered a crime in Massachusetts.
Domestic violence laws cover every member of a household including:
- Inhabitants of the Household
- Any Blood or Marriage Relations
- And Children
Domestic violence/abuse is closely linked to assault & battery which may enhance the penalties/charges associated with your partiuclar case.
What is The Process for Domestic Violence Arrest?
While many people may not be aware of how the arrest process works when discussing Domestic Violence. The mandatory arrest policy pertains to when domestic violence is reported for example by a neighbor. In this case, if a neighbor was to call and say you and your significant another screaming at each other the police have to arrest one of you. While in many cases this can be beneficial to subduing the situation often the police make mistakes. While the police intend to the more culpable party, this is often the source of their error. The issue with Domestic Violence cases is that the alleged victim cannot just drop the charges like they could in a different type of case.
Do I Have to Testify?
The next issue with the Domestic Violence system in Massachusetts is that unless you are married to the person, you may be forced to testify against them even if the entire situation is a mistake. On the other hand, in other types of cases where divorce is in the works attorneys will suggest that their client files a domestic violence charge to assist in gaining child custody.
Contact Boston Domestic Violence Legal Counsel
Allegations of Domestic Violence can be life changing. Whether you had a fight with your significant other or you are being blamed for something that you did not do addressing your charges immediately is your best chance of getting off. Boston Domestic Violence Lawyer James G. DeGiacomo spent a portion of his career working as a prosecutor and was witness to hundreds of Domestic Violence cases. By seeing Domestic Violence cases from the other side of the courtroom, James G. DeGiacomo has used his unique experience to develop winning strategies for all matters of cases. Our firm will work diligently to make sure that your case is handled quickly, professionally, and with discretion.
If you would like to contact us for a free consultation, we are available at any time to answer your call at (617) 941-3666.
Available to Clients 24/7
Nearly a Decade of Legal Experience
Successfully Defended Hundreds of Clients
Former Prosecutor & Knows How That Side Thinks
Represented Clients in MA District, Superior, & Appellate Courts