Massachusetts Domestic Violence Laws and the Policies and Procedures of your local Police Department can turn what you thought was just an argument into serious criminal charges with lasting financial, professional, and emotional consequences. "Domestic Violence" charges can take many forms and the consequences can be quite severe. More often than not, when the police are called to investigate an allegation of domestic violence, one of the involved parties will be arrested and charged with a criminal offense. If you have been charged with a domestic violence related offense, Attorney Ciraulo and his colleagues will protect your rights, assert all available defenses, and zealously defend the allegations made against you.
Domestic Violence in Massachusetts
M.G.L. c. 265 s. 13M governs Domestic Violence in Massachusetts: Section 13 (a) "Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or both such fine and imprisonment." In addition, for any violation of this section, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention.
Under the statute, domestic violence offenses can include a wide range of offenses committed in the context of a domestic relationship, usually between spouses, intimate partners, members of the same household, or relatives. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or even a shove. However, domestic violence can also extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse.
It is extremely important that you have on your side an attorney who is both familiar with the intricacies of the law relative to domestic violence charges and is also willing to fight on your behalf.
Consequences of Alleged Domestic Violence in Massachusetts
When a defendant is charged with a domestic violence offense, the court has the authority to issue a protection order, also referred to as a restraining order or no-contact order. Protection orders can be made even when the defendant is not present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.
When a protection order issues against you, it can result in significant consequences such as (but not limited to):
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Restrictions on your ability to contact your partner and your children;
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Prohibitions against living in or returning to your family home;
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Revocation or suspension of your License to Carry a Firearm ("LTC") and prohibitions against owning or possessing a firearm.
Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
Penalties of Domestic Violence or a Related Criminal Conviction in Massachusetts
The sentencing options for domestic violence depend on the severity of the allegations and any prior allegations or protective orders.
When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:
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the level of injury sustained by the victim
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whether a weapon was used or a child witnessed the crime
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whether the crime violates an existing protection order
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the personal characteristics of the victim, such as older age or pregnancy
The penalties for domestic violence offenses can quickly escalate with subsequent convictions in Massachusetts.
Generally, penalties can include but are not limited to:
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Fines
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Probation
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Domestic violence treatment or counseling programs such as the "Intimate Partner Abuse Education Program" or "Certified Batterers Intervention Program."
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Imprisonment
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You must go to a few intake sessions to determine if you are a good fit for the program. The program may not accept you. Not all abusive people are a good fit for these programs.
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If you get into the program, you must sign an agreement that says: You will finish the program. You will not be violent. And, in some programs, you will not use drugs or alcohol at all, while you are in the program. You must pay for the program or do community service as an alternative to payment.
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The program consisted of 80 hours of sessions; all of which must be completed. The sessions are usually 2 hours long and run for 40 weeks. Most sessions are in groups, but you may also participate in individual sessions as well. The IPAEP is not like a private counseling program. The program can share things you say and do with the court and some other agencies. The program will also tell the court how many sessions you attend.
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The program will contact the person you abused, if the person wants to be contacted. The program will offer to them avcailable services. The program will tell them when you finish the program. The program may also warn them about things you say, like threats or any violent things you say about the person you abused.
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Upon completion, the program will refer you to other services like drug or alcohol programs, employment training, and parenting skills classes.
Can Domestic Violence Charges Be Dropped in Massachusetts?
Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person. Once brought, the state controls the charges.
The same is true about the restraining order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.
Defenses to Domestic Violence Allegations in Massachusetts
Notwithstanding the harsh penalties associated with a charge of domestic assault and battery, Attorney Ciraulo will assert on your behalf each and every available defense. A person absolutely can and should defend themselves against a domestic violence charges. While, the specific defenses available to a defendant will depend on the circumstances of their case, some defenses to domestic assault and battery include:
- Lack of Evidence
- Cooperation or Participation of the Complaining Witness
- Legal Availability of the Complaining Witness
- Motive to Fabricate
- Motive to Exaggerate
- False Allegations
- Inconsistent Statements
- Independent Witnesses
- Video Evidence
- Forensic Evidence
- Self Defense and Defense of Others
No matter the circumstances, a person absolutely can and should defend themselves against a domestic violence charges.
Contact Attorney Ciraulo Today
A conviction for or even an admission to a domestic violence offense can have a long-lasting impact on many aspects of your personal life, including your personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations. If you've been charged with a domestic violence offense, you should speak to Attorney Ciraulo and his team immediately. We will assess the strength of the evidence against you, advise you of all available defenses, and put together a plan of attack to defeat the charges. Fill out an online submission form or call us at 617-770-3400 to schedule a consultation today.