Following the tragic events surrounding the murder conviction of Jared Remy, Massachusetts enacted legislation that has resulted in Massachusetts having some of the strictest domestic violence laws in the country. Under current law, you should be aware of the following highlights:
- Generally, a “criminal act constituting domestic abuse” or “domestic assault and battery” means the occurrence of one or more of the following acts between family or household members: “attempting to cause or causing physical harm,” “placing another in fear of imminent serious physical harm,” “causing another to engage involuntarily in sexual relations by force, threat or duress,”
- The law prohibits the out of court release of a defendant arrested for any criminal act constituting domestic violence until six hours after the time of arrest.
- A person charged with domestic violence must demonstrate a “good faith basis,” prior to summonsing an alleged victim or victim’s family member into court, for a “reasonable belief” that the testimony from the witness will support a conclusion for conditions of release.
- If the judge determines you to be “dangerous,” you can be detained in jail for 120 days.
- The law creates an aggravated felony for a second offense, with up to five years in state prison or up to 2 1/2 years in a house of correction.
- All defendants are required to enter and complete a certified batterer’s intervention program as a condition of any probation.
If you have been falsely accused of domestic violence and you want to ensure your rights are protected, contact experienced domestic violence attorney Frank Yee.
We serve our clients with the persistence, attention to detail, and aggressive advocacy needed to represent their interests effectively. In every case, Yee and Associates is dedicated to providing creative and affordable legal solutions. Whether you are a juvenile or an adult, someone charged with committing an act of domestic violence like domestic assault and battery requires informed legal counsel to ensure the best long-term outcome.
If you have been charged with domestic assault and battery and you want to know your rights, contact Yee & Associates in Franklin to schedule a confidential consultation
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