Attleboro Domestic Violence Attorney
How Does Massachusetts Define Domestic Violence? What Is the Criteria?
Though domestic violence is not expressly defined in Massachusetts, Chapter 209A of our General Laws outlines what constitutes abuse. The starting requirement is the involvement of a family or household member. That could include people who are married or engaged to each other, people who live in the same household, those related by blood or through marriage, a couple who’s had a child together, and even a couple in what is termed a “substantial dating relationship”. To determine what a “substantial dating relationship” is, the judge will look at a number of factors – such as, the type of relationship it was, how long the relationship was, how often the parties interacted with one another, and how long the relationship was over. So, for a case to fall into the area of a covered domestic abuse statute, the alleged victim first has to be a family or a household member…
I’m Facing Charges Related to Domestic Violence. Can I Still Be in Touch With My Own Children?
Whether or not a parent is allowed to see their own children depends on the circumstances, and each case is different. If you are brought to court with a charge related to domestic violence, oftentimes the prosecution will ask for a no-contact or stay-away order with the alleged victim, meaning typically the adult alleged victim. If there were children involved and the alleged victim asks for a no-contact stay-away order, the prosecution will ask that of the court, and the judge will likely issue the no-contact and or stay-away order…
If the Alleged Victim No Longer Wishes to Press Charges, Would That Impact My Case?
An alleged victim wanting to drop the charges can certainly affect your case. If the alleged victim is your spouse, they can exercise their marital privilege and tell the district attorney or the police they’re no longer going to cooperate and will not testify against their spouse. If, however, the alleged victim is not involved in a marital relationship with you (the defendant), it can be a little harder to get the district attorney to drop the case, but it’s not entirely impossible. Whatever reason they provide for no longer wishing to pursue the charges (they have other commitments, they’re going out of state, etc.), the district attorney’s office is going to look at that very closely…
Building a Strong Defense for Clients in Fall River
Have you been accused of domestic violence in Massachusetts? Domestic violence is a serious crime that can be particualry damaging to those that have been accused. Domestic violence charges often arise from arguments or altercations between members of the same family or household. When situations escalate, the police are called and an arrest is made.
At the Law Office of James M. Caramanica, P.C., our domestic violence lawyer in Attleboro has represented clients in Fall River and surrounding areas since 1994. Our Attleboro domestic violence defense lawyer has years of experience defending those accused of such a serious crime. Being accused of such a crime can result in criminal penalties, protective orders, and a damage reputation.
“If you have been accused of domestic violence in Attleboro, schedule a case evaluation with our domestic violence defense attorney today!”
Impact of Domestic Violence Charges
Being charged with domestic violence has an immediate and dramatic impact on your life. If you are charged with domestic violence, a restraining order may be requested by the other party. This can interfere with your ability to remain in your home and spend time with your children, even before you have a chance to defend yourself in court.
The penalties for conviction may include:
A jail sentence
Fines
Probation
Community service
Domestic Violence Conviction
A domestic violence conviction will continue to impact your life after you have completed your sentence. Once you have a criminal record, you may find it is difficult to get a job, pursue higher education, advance in your career, or get a professional license. There could also be a permanent restraining order, which can interfere with your ability to maintain a healthy relationship with your children. It is important to hire a knowledgeable defense attorney to ensure your rights are protected.
Don’t Wait to Act
There are several possible defenses for a domestic violence charge, such as a false accusation, self-defense, or the other party exaggerating to gain an advantage in a divorce or child custody dispute. Our domestic violence attorney in Attleboro is here to investigate the circumstances behind the charge and immediately begin negotiating on your behalf and building a strong defense.
