Massachusetts Domestic Assault and Battery Court Process
A Massachusetts domestic assault and battery is not an easy case to resolve. In many cases, the district attorney will not agree to resolve a domestic assault and battery charge prior to trial. It is common for the victim in a domestic assault and battery charge to be married to the defendant, to be in a dating relationship or have a family relationship. In many Massachusetts domestic assault and battery charges, the victim will not wish to testify against the defendant. A victim who is married to a defendant has the right to assert what is called a martial privilege and may refuse to testify.
Despite this, the Commonwealth may still try to prove the case even without the testimony of the alleged victim. When domestic assault charges are brought in Massachusetts, the charges are brought by the State and only the prosecutor has the discretion as to whether a case is dismissed or not. A victim in a case has no authority to drop criminal charges, but can only express an opinion to the district attorney as to how the case should be handled.
The Commonwealth may attempt to prove the case in the following ways even though the actual victim is unwilling to cooperative in the prosecution of the case.
- The Commonwealth can call independent witnesses to testify.
- The Commonwealth may rely on admissions you made to the police.
- The Commonwealth may attempt to admit statements made by the victim to the police or a 911 operator under recent United States Supreme Court case law that has ruled that these statements are nontestimonial.
Any charge of domestic assault and battery is taken seriously by the district attorney and you should hire an experienced Massachusetts domestic assault and battery attorney to represent you and to protect your rights. Call Attorney DelSignore immediately at 508-455-4755 or 781-686-5924 to set up a free office appointment.