Domestic violence charges are taken very seriously in the state of Massachusetts. It is an issue common to both criminal law and family law, as domestic violence cases occur between people who know each other, live together, are related, or otherwise are far from strangers.
The penalties for domestic violence vary, but can be incredibly severe depending on the nature of the crime. Those convicted of a domestic violence charge in Massachusetts may face penalties such as:
- Time in jail or prison
- Court fees
- Attendance of a batterer’s intervention program
- And more
In addition to the legal consequences listed above, a domestic violence charge can ruin your life in a multitude of other ways. A domestic violence charge on your criminal record has a number of personal and professional drawbacks. It may be difficult to find and keep a job, be approved for certain housing, even date or make new friends. At Toland Law, our goal is to give you a second chance and fight back against these punishments. Without the help of a skilled defense attorney, you could be suffering the consequences of a domestic violence charge for the rest of your life.
Will I Go To Jail For A Domestic Violence Charge?
According to Massachusetts state law, you will be held for a minimum of six hours if you’ve been arrested for a domestic violence offense. The judge will use this time to determine whether or not you are a threat to the alleged victim and the rest of the public. Your safety will be evaluated depending upon the nature of the crime, your actions upon getting arrested, and more. You must demonstrate that you are a safe person while the judge decides your bail.
A domestic violence charge can result in a less-than-favorable hearing. In some cases, Massachusetts residents who are accused of domestic violence could be held in jail without bail for up to 120 days, or until their trial.
What Is Considered Domestic Violence In Massachusetts?
Domestic violence charges, whether assault, battery, or something elses consist of threatening or violent actions between two people who have some kind of domestic relationship. Massachusetts state courts often see domestic violence charges between roommates, spouses, former spouses, people who share a child, or are dating or engaged. Co-workers, friends, and strangers are excluded. Domestic violence charges include:
Physical abuse: This is often what people think of when they think of domestic violence cases. Physical abuse includes the physical contact from one person to another in the form of hitting, pushing, throwing objects, etc.
Emotional abuse: Also referred to as psychological or mental abuse, emotional abuse encompassses humiliating, controlling or isolating a victim in an effort to make them feel unsafe, embarrassed or ashamed. Emotional abuse also extends to blackmailing a victim or threatening to harm them if they try to leave.
Verbal abuse: Verbal abuse means using threats or other harmful language to diminish the character of the victim, intimidate them, and make them feel as if they are or will soon be in danger.
Economic abuse: Many people fail to realize economic abuse is considered domestic violence but it is. Economic abuse involves one person in the relationship having control of the other person’s finances, including limiting their access or exploiting their resources in an effort to hinder someone’s ability to take care of themselves.
Sexual abuse: Sexual abuse involves using force and manipulation to get the victim to engage in unwanted sexual activity. Sexual abuse also occurs when someone attempts to engage in sexual behavior with someone who is unable to consent (such as someone under the influence or unable to communicate unwillingly).
How Can I Beat A Domestic Violence Charge In Massachusetts?
When you hire Toland Law to fight your domestic violence charges, we will work diligently to see if the alleged victim had any ulterior motives, provided false accusations to law enforcement, or reached out to law enforcement and had you arrested simply out of revenge. The best way to beat a domestic violence charge is to prove that you did not commit the offense, or that the person who accused you of committing the offense did so falsely, or had ulterior motives to frame you.
A charge of battery or assault in a domestic context has many defenses. With the help of a skilled criminal defense attorney, you can assert that your actions were in self-defense, or that supposed victim mistook your identity for someone else.
Schedule A Free Consultation With A Massachusetts Criminal Defense Attorney Today
If you have been charged with domestic violence of any kind in Massachusetts, your future could be at stake. A domestic violence charge can keep you from having a job, getting an apartment, or having a relationship in the future. You need a hard-working, tenacious attorney and strong case for your defense.
At Toland Law, we offer a free, no-obligation consultation for any Massachusetts resident who is facing a domestic violence charge.