Domestic Cases
Abuse is defined in the state of Massachusetts as
- attempting to cause or causing physical harm
- placing another in fear of imminent serious physical harm or
- causing another to engage involuntarily in sexual relations by force, threat, or duress
Family member/Household members defined
- are or were married
- are or were living together
- are or were related by blood or marriage
- have a child together
- are or have been in a substantive dating or engagement relationship
Signs of Domestic Violence
Behaviors or demands that include:
- Frighten
- Intimidate
- Terrorize
- Manipulate
- Hurt
- Humiliate
- Blame
- Injure or wound someone
- Unwanted sexual actions
- Forced sexual actions
When law enforcement arrives on the scene of a Domestic violence case they are always required to make an arrest.
Charges
Assault and assault and battery are punishable by up to two-and-a-half years in jail and a fine of up to $1,000.
Assault and battery by a defendant under a restraining order is punishable by up to two-and-a-half years in jail, or up to five years’ imprisonment, and a fine of up to $5,000.
Second and subsequent convictions for assault or assault and battery on a family or household member are punishable by up to two-and-a-half years in jail or up to five years’ imprisonment.
Domestic Assault and Battery Court Process
Arraignment; first court date, charges are addressed
Pretrial; sometimes they can come to a resolution before trial, it could get dismissed, or an admission or plea deal could be arranged
Trial; go to trial by judge and jury