Domestic assault and battery cases are also charged under their own statute, M.G.L. c. 265 s. 13M, and these cases can often become very complicated, very quickly. You may be charged under this statute if you and the alleged victim are or were, at some point, in one of the following "special relationships": Related by blood or marriage; living together; dating; have a child together. If charged with a domestic assault or domestic assault and battery, do not go to court with the alleged victim and try to have the case dropped without being represented by a lawyer.
The district attorneys in Massachusetts will not drop domestic assault and battery cases, and by speaking to them at all, you will likely incriminate yourself. It is not the victim's choice whether or not to pursue charges- it is the district attorney's office that will prosecute you. A charge of domestic assault and battery may be proven even without the victim's testimony, if there is other evidence to substantiate the charge. Additionally, unlike with an ordinary assault and battery, the police are not required to summons you to a clerk's hearing, even if they did not personally witness the incident- the law provides them the power to arrest you on the spot for any domestic dispute. If you are accused of domestic assault or domestic assault and battery, it is paramount that you speak to an experienced criminal defense attorney immediately to navigate the criminal process for you, and to make sure that your rights are protected. Attorney Tripp has the experience, investigation team, and resources to provide the best defense possible, as is demonstrated by her record of success.