Domestic violence is a treated very harshly in Massachusetts. Technically there is supposed to a zero tolerance policy for domestic violence. So if a fight gets out of hand and a partner, a spouse or a neighbor calls the police, the police will actively investigate the case. Police are trained to make certain observations such as the condition of the home, if there are broken items and the mood of the parties. If there was a witness than police will speak with that person. Then police will also separate the couple and begin to to ask questions. All to often the police are looking for anything no matter how small to charge a person with a crime and arrest that person on the spot.
If someone says that they pushed the other person, even to just leave a room or get away from someone they are admitting to committing a crime. So a push is considered domestic violence in Massachusetts. To be guilty of domestic violence or domestic assault and battery in Massachusetts all someone has to do is touch someone without their permission. Assault and battery is the unconsented to touching of another.
A light push, a strong push it does not matter. All that matters is whether there was an touching of another that was not consented to. So if the police ask whether you pushed or gotten pushed they are actually looking for an admission that can be used against you in court.
If you or your spouse or partner has admitted to pushing the other than police must make an arrests. Being arrested for domestic violence is does not mean you are going to be found guilty. If you are arrested for domestic violence you need to hire a Massachusetts Domestic Violence Lawyer. An experienced criminal lawyer can help you present the best criminal defense to a domestic violence charge. An attorney can identify all of the potential defenses to your case including self defense.
Domestic violence cases are sometimes handled differently than regular assault and battery cases. Some courts have days dedicated to just domestic violence cases. Some courts have assistant district attorney specially assigned to handle only domestic violence cases. A domestic violence lawyer has the knowledge of the process to help you through the criminal court process.
Patrick Donovan is a former assistant district attorney who actually prosecuted domestic violence cases. As a prosecutor attorney Donovan received specialized training in domestic violence cases. As a criminal defense attorney Patrick Donovan uses that training to put together the best criminal defense for each of his clients. If you or someone you know needs advice about domestic violence in Massachusetts call 617 479-1800 for a free no obligation consultation.
