The Commonwealth of Massachusetts has strict laws when it comes to domestic violence. Domestic violence cases can have lasting repercussions for all parties involved, including harsh penalties for the Defendant who is charged with domestic violence. This is why is is important to hire an experienced Massachusetts Criminal Defense lawyer to help with your case if you are charged with a domestic violence offense. Attorney David Ellison has represented hundreds of people on domestic violence charges throughout his career.
What Makes a Charge Domestic in Nature?
A charge becomes a domestic violence charge in Massachusetts if it involves an alleged victim who is a "family or household member." Under the law, two persons are “family or household members” if:
- they are or were married to each other
- they have a child in common
- they are or have been in a “substantive dating relationship" (determined as a case-by-case basis)
Can I Be Held Without Bail on a Domestic Violence Charge?
In Massachusetts, there is a six-hour waiting period for a person to be released on a domestic violence charge at the police station.
If released, and given a summons to appear in court, the prosecution can still move for a dangerousness hearing on a domestic violence charge. This allows the prosecution to hold a person without being convicted for up to 120 days in jail after a dangerousness hearing,
At your Arraignment for a domestic violence charge, a prosecutor can move for a dangerousness hearing. If the appropriate initial criteria is met, a date will be set for the dangerousness hearing to occur. Except for good cause, the hearing will likely occur within seven (7) days after your Arraignment. You will have a constitutional right to have the assistance of a lawyer at the hearing.
At the hearing, the judge will make a determination if you are dangerous under the law and whether or not there are any conditions of release that can satisfy the safety of the community and any particular person.
Domestic Criminal Charges We Handle
Massachusetts Assault and Battery with a Dangerous Weapon on a Family/Household Member
Massachusetts 209A Violation
Massachusetts Stalking/Criminal Harassment
The Law Office of David Ellison will Fight for You
If you are charged with a crime of domestic violence or if someone seeks a protective order against you, you should contact an experienced Massachusetts Criminal Defense Lawyer as soon as possible. Attorney David Ellison will meet with you to come up with a unique strategy on how to best defend your case. We will conduct our own investigation into the case and help you to come up with a defense for your charges. Do not wait to contact Attorney David Ellison today at 401-230-5520.