Norfolk County, Massachusetts DUI Lawyer DelSignore Law Home
West Roxbury Domestic Assault and Battery Attorney
If you have been charged with a domestic assault and battery in the West Roxbury District Court, it is important that you contact an experienced criminal defense attorney. Michael Delsignore regularly appears in the West Roxbury District Court and has extensive experience in assisting clients with domestic assault and battery charges.
The West Roxbury District Court handles charges that originate in the following cities and towns:
- West Roxbury
- Jamaica Plain
- Hyde Park
- Rosindale
- Parts of Mattapan
- Parts of Mission Hill
A domestic assault and battery charge typically involves allegations between people who are:
- Married or formerly married
- Dating or formerly dating
- Living together or formerly living together
- Related by blood and family
Domestic cases trigger mandatory arrest policies, potential no-contact orders, and long-term consequences including firearm restrictions and permanent criminal records. Many West Roxbury domestic cases begin with a 911 call or police response.
Prosecuting a Case Without the Alleged Victim TestifyingOne of the most misunderstood aspects of domestic assault and battery law is how prosecutors try to move forward without the alleged victim appearing in court
- 911 recordings
- Statements made to police at the scene
- Statements made to medical personnel
- Photographs and officer observations
They attempt to admit these statements under the theory that they are non-testimonial, meaning the defendant has no Sixth Amendment right to confront the speaker.
The Confrontation Clause and Domestic Violence CasesThe Sixth Amendment guarantees a defendant the right to confront witnesses against them. However, the Supreme Court has drawn a critical distinction:
- Testimonial statements -> Confrontation required
- Non-testimonial statements -> Confrontation not required
In the Washington v. Davis and Michigan v. Bryant cases, the Supreme Court ruled that statements made during an ongoing emergency, like a call for help, are often non-testimonial because their primary purpose is to obtain assistance, not to accuse someone of a crime.
In domestic assault cases, prosecutors argue that a 911 call is a request for help and statement at the scene are part of an ongoing emergency. Therefore, the alleged victim does not need to testify.
How a DelSignore Attorney Fights BackAttorney Michael DelSignore challenges:
- Whether an actual “ongoing emergency” existed
- Whether questioning shifted from assistance to investigation
- Whether statements were made after the scene was secure
- Whether police actions turned the exchange into testimonial evidence
Once the emergency ends, constitutional protections attach.
Speak with a West Roxbury Domestic Assault Attorney TodayIf you are charged with a domestic assault and battery, call or text Attorney Michael DelSignore anytime at 781-686-5924. Discussing your case, your rights, and defense options immediately will make a difference between dismissal and conviction. At DelSignore Law, we are always here to help you.
