If you need an attorney to help you deal with domestic violence accusations, Quincy, Massachusetts-based Sweeney and Associates, LLC, can assist you right away. We can provide the advice you need to immediately address what may have become an unanticipated nightmare for you and your family.
All domestic violence charges, even misdemeanors, should be taken seriously because they can affect your rights, your career, and your freedom. Every case is different. Talk to our attorneys for a free, confidential consultation about your case.
When police are called out to a domestic disturbance, it is almost automatic that one of the parties will be arrested and removed from the scene — even if there are no serious injuries or it was just a simple misunderstanding.
When police arrive at the scene of a domestic violence incident, they will separate both people and will question each person separately about what happened. In order to decide who to arrest, the police officer has to determine which person was the primary aggressor. The police are trained to look at the different injuries both people suffered to determine who was the aggressor and who was acting in self-defense.
The police have little discretion in whether or not to arrest someone. If the police officer determines there is probable cause that you violated a protective order (i.e., restraining order), then the officer must arrest you. There is no discretion under the law or police policy guidelines.
If the police officer believes you committed an act of violence against your partner then he or she will almost always arrest you. While the law does not require your arrest, 99 percent of the time you will be arrested. Whether the victim wants to press charges or wants to go to court and testify against you is irrelevant.
Once you have been charged with a crime of domestic violence, the criminal system takes over and the victim is almost powerless to stop it unless he or she invokes a privilege that allows him or her to avoid testifying, such as his or her right against self-incrimination or spousal privilege. The only other way to defend against these charges is to hire an attorney familiar with domestic violence policies and procedures.
The laws have been strengthened to prevent the police, courts, and the various district attorney's offices throughout Massachusetts from having discretion in how to handle these cases. Having an experienced and knowledgeable attorney to navigate through the system is essential if you are facing charges related to domestic violence.
Contact the Quincy domestic violence attorneys at Sweeney and Associates, LLC, for a free, confidential consultation. We are here to answer your questions.