Domestic Violence Attorney Westwood

Comprehensive Defense by a Westwood Domestic Violence Lawyer

Charges of domestic violence carry very significant penalties, including the potential for a long jail sentence. Additionally, these types of cases can result in long terms of probations, anger management classes, the batterer’s program, and many other conditions.

Navigating a domestic violence accusation can be incredibly stressful, not only due to the potential legal penalties but also the impact on personal relationships and mental health. It is crucial to understand the full scope of Massachusetts law and the implications of these charges. Hiring a knowledgeable domestic violence attorney in Westwood can mitigate the complexities of these cases, providing guidance and support throughout the legal process to protect your rights and future.

Massachusetts criminal law defines a “domestic relationship” as two people who:

• Are married or have ever been married. Domestic relationships can encompass marriages, whether current or past, ensuring protection across all stages of relationships.
• Co-habitation. Whether living together now or in the past, sharing a household establishes a domestic relationship under the law.
• Shared parenthood. A child in common creates a perpetual link that qualifies individuals as having a domestic relationship.
• In a substantive dating relationship. Relationships that involve emotional or romantic ties fall under this category, expanding the scope of domestic ties beyond a shared residence or legal bond.

What Constitutes a “Substantive Dating Relationship”?

A judge will look at multiple criteria to determine if two people were in a substantive dating relationship. The judge will consider the length of the relationship, the type of relationship, how often the two people saw each other, and, if the relationship is now over, how long it has been over.

Legal definitions and interpretations can vary, but the essence of a substantive dating relationship often includes elements of mutual respect, expectation of an affiliation beyond a casual nature, and a history that the parties themselves acknowledged as significant. These factors are vital in legal defense strategy development.

Understanding Domestic Violence Trends in Westwood

Understanding the local landscape of domestic violence in Westwood is essential for those navigating these charges. Like many towns, Westwood has seen an increased focus on domestic violence prevention and awareness. Local law enforcement and community organizations work diligently to provide resources and support to those affected. Residents are encouraged to engage with local initiatives aimed at reducing domestic violence through education and awareness.

Westwood benefits from a proactive police department that collaborates with social services to offer intervention and support to both victims and alleged offenders. This comprehensive approach helps address domestic violence from prevention through to legal resolution. As part of this initiative, Westwood organizes workshops, public forums, and provides access to hotlines and shelters, ensuring victims have avenues for help and solidarity.

Community Resources & Support for Domestic Violence Victims in Westwood

Westwood hosts various agencies and resources dedicated to supporting domestic violence victims. Among them, local shelters provide safe spaces, while counseling services offer therapeutic support to help survivors gain stability and rebuild their lives. Legal counseling is also available, crucial for those who seek protection during judicial proceedings.

An important resource is the Westwood Domestic Violence Roundtable, which brings together professionals and volunteers to discuss and implement prevention strategies. This community-focused group is an excellent resource for both victims seeking assistance and residents looking to contribute positively to reducing domestic violence. The Police Department's Victim Assistance Program is another vital service, ensuring that immediate and ongoing support is available post-incident.

If the Victim Drops the Charges, Can the State Prosecutor Continue the Case?

Yes, this is a common misconception in criminal cases. The victim cannot “drop the charges.” The two parties in any criminal case are the defendant and the state. It is the state’s case against you, and only the state (the District Attorney’s Office or Attorney General’s Office) can drop the charges (either by making a motion to dismiss or filing a nolle prosequi).

 There may be circumstances in which a victim cannot be forced to testify in a criminal case, and therefore, the state may not be able to proceed in their case against you. This can occur if a victim has a 5th Amendment Right not to testify in such a case, can assert the “Marital Privilege” so that they do not have to testify against their husband or wife, or have some other reason why they cannot be forced to testify.

Understanding the dynamics of domestic violence cases reveals the strategic nature of legal processes. Even if a victim wishes to recant or not cooperate, prosecutorial discretion and state mandates often guide the progression of charges. This underscores the importance of having a robust legal defense team that can navigate these complexities effectively.

Impact on Gun Rights if Convicted of Domestic Violence

Yes, depending on the charge and the outcome in the case, it can affect your ability to legally own a firearm.

Domestic violence convictions can significantly impact your civil liberties, with firearm ownership being one of the most critical. Under certain circumstances, federal restrictions come into play, limiting or revoking the ability to possess firearms. As such, understanding these potential restrictions can be a pivotal aspect of legal defense planning.

Property Rights in Domestic Violence Cases

Cases involving domestic violence can many times also be accompanied by stay away orders, no contact orders, or 209A restraining orders. In situations where both parties live together and there is an order imposed preventing them from staying in the same home, the judge will generally order one party to vacate the home while the order is in effect.

Judges have broad discretion in issuing orders relating to housing arrangements in domestic violence scenarios. This can lead to significant logistical and emotional adjustments. Understanding the possible legal remedies available can help in planning for these potential outcomes and in making informed legal decisions.

Protective Orders in the Context of Domestic Violence

A protective order can be issued by the judge in any criminal case, not just cases of domestic violence. A protective order can limit the public’s or the defendant’s access to certain information in a case. It is important that issues of protective orders be dealt with by experienced attorneys as, in some cases, limited access to information about your case can interfere with your defense.

In addition to common protective orders, there are other lesser-known options like emergency orders that can provide temporary relief while more permanent solutions are being identified. It is essential to consider these possibilities when developing your legal strategy, ensuring all bases are covered to provide comprehensive protection and defense.

Massachusetts’ New Domestic Violence Law

On August 8, 2014, a new domestic violence law went into effect in Massachusetts. Among other changes, the new law creates new crimes, changes many court procedures, and increases penalties.

The new law was enacted to strengthen protections for victims while holding offenders more accountable through increased penalties and scrutiny. It has significantly transformed the landscape of domestic violence prosecution, requiring defendants to seek informed legal guidance to navigate the complexities of these updated regulations effectively.

Per the new domestic violence law, crimes can now include:

• Domestic Assault: There are now separate criminal offenses for domestic assault and domestic assault and battery. It must be alleged that the defendant assaulted or assaulted and battered the victim, and that they had a domestic relationship. (See the definition of a domestic relationship). The crime carries up to 2 1/2 years in jail or house of correction.
• Aggravated Domestic Assault: Also created was the crime of Aggravated Domestic Assault or Aggravated Domestic Assault and Battery. It must be alleged that the defendant assaulted or assaulted and battered the victim, that they had a domestic relationship (See the definition of a domestic relationship), and the defendant had previously been found culpable for an offense of domestic violence.
• Strangulation: Strangulation carries a penalty of up to 2 1/2 years in jail (house of correction) or up to 5 years in state prison. Aggravated Strangulation carries up to 2 1/2 years in jail (house of correction) or up to 10 years in state prison.
• Bail: The law creates new restrictions for when a defendant accused of a crime of domestic violence can be released from custody (either from the police station after an arrest, or from the court upon arraignment).
• Arrest (6-Hour Rule): When someone is arrested and accused of a crime when the court is not in session, they are entitled to have a clerk magistrate consider the issue of bail (any bail set during this time will be reconsidered by a judge or magistrate during the defendant’s arraignment in court). Now, in cases where a person is arrested and accused of a crime of domestic violence (violation of restraining order, domestic assault, domestic assault and battery, or strangulation) when court is not in session, no bail can be set until 6 hours after the time of arrest.
• Arraignment (3-Hour Rule): Generally, when an individual is charged with a crime and brought before the court, as soon as the criminal complaint is signed and issued by the clerk, the defendant can be arraigned as soon as all parties are ready to proceed with the arraignment. Now, in crimes of domestic violence (violation of restraining order, domestic assault, domestic assault and battery, or strangulation), the arraignment cannot proceed until at least 3 hours after the complaint is issued and signed by the clerk. Only the Assistant District Attorney handling the case can waive the 3-hour rule.
• Dangerousness Hearings: In Massachusetts, when a defendant is arraigned in a case, the Assistant District Attorney can “move for dangerousness.” Generally, a judge will continue the case 3-7 days to schedule a Dangerousness Hearing. At the hearing, the Assistant District Attorney will seek to introduce evidence to show that the defendant poses an imminent danger to the community and that there are no less restrictive means other than incarceration (imprisonment) that would ensure the safety of the community. A defense attorney can challenge that evidence, present evidence on behalf of the defendant, and argue that there are, in fact, less restrictive means than imprisonment that would ensure the community’s safety (ankle bracelet, drug testing, etc.)

The new domestic violence law changes Dangerousness Hearings in 3 important ways:

• First, a judge must consider hearsay in police reports or victim and witness statements (previously, the judge could consider such statements, but was not required to do so).
  
  Second, before being permitted to summon the alleged victim or a member of the victim’s family to court to present evidence at the dangerousness hearing, the defendant must show a good faith basis for a reasonable belief that such evidence would support a denial of the Commonwealth’s motion for dangerousness.
  
  Third, if a finding of dangerousness has been made, the period for which the defendant will be held without bail increases from 90 days to 120 days. Now, without a showing of a change of circumstances, if a defendant is held pursuant to a dangerousness hearing, he or she will be held for 120 days without bail.
• Bail Revocations: If a person has an open criminal case, and is charged with a new crime, they may be subject to a motion to revoke bail. (In this instance, an “open case” refers to an untried or unresolved matter. If the defendant is on probation and is charged with a new offense, the defendant will be subject to a probation violation hearing). The new Massachusetts domestic violence law changes the amount of time that a defendant will be held without bail in all cases. Previously, a person was held for 60 days without bail if their bail was revoked. Now, if a bail is revoked in any case, a person will be held without bail for 90 days.
• Accord and Satisfaction: An accord and satisfaction agreed upon by both the defendant and victim in a criminal case, can be a way to get a misdemeanor dismissed. The new Massachusetts domestic violence law prohibits the acceptance by the court of an accord and satisfaction in any domestic abuse cases (violation of restraining order, domestic assault, domestic assault and battery, or strangulation).
• Batterer’s Program: In all cases in which the defendant is placed on probation or a continuance without a finding for violation of a restraining order, domestic assault, or domestic assault and battery, the sentencing judge must order that a condition of the defendant’s probation be that he or she enter and complete a certified batterer’s program, or the judge must make specific findings as to why he or she did not make such an order.

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Frequently Asked Questions About Domestic Violence

Do I Have to Live with the Person for a Domestic Violence Charge to Be Applicable?

No. Living together is one possible way that charges can be considered domestic violence. However, there are other types of relationships that can give rise to those charges as well, such as having a child together or being related.

The scope of domestic violence under Massachusetts law allows for various configurations of relationships to be examined under the legal framework, thus ensuring that individuals within diverse types of relationships are protected. Being aware of these developments is crucial in crafting a defense strategy that adequately reflects the nature of the relationship in question.

What Are Immediate Steps to Take if Accused of Domestic Violence?

If you find yourself accused of domestic violence in Westwood, it's imperative to act swiftly and strategically to protect your rights. First, avoid any contact with the accuser, as this can complicate matters legally. Ensure you comply with any restraining orders immediately to avoid further complications. Gathering evidence such as text messages, emails, or any documentation that may support your account of events is also crucial.

Contacting a domestic violence attorney in Westwood at the earliest opportunity can provide clarity and guidance. Legal counsel can evaluate your case, advise on the best course of action, and help navigate the complexities of the criminal justice system. With Eisenstadt Law's comprehensive understanding of Massachusetts law, we are equipped to craft a thorough defense, leveraging our prosecutorial insights to anticipate potential strategies from the other side.

How Can I Maintain Employment While Managing My Legal Proceedings?

Managing legal proceedings while maintaining employment can be taxing, especially with the stigma that may accompany domestic violence allegations. It's important to understand your rights as an employee in Massachusetts. In some cases, employers may need to provide time off for court appearances under certain conditions, but it is important to address such requirements proactively.

Having a professional legal team on your side can help smooth the process, ensuring your court-related obligations are met without undue disruption to your employment status. Engaging with a domestic violence attorney in Westwood ensures continuous communication with legal bodies and timely updates, which are critical to managing both your work and legal life effectively.

What Role Does Mediation Play in Domestic Violence Issues?

Mediation can sometimes play a role in resolving certain aspects of domestic violence cases, though its appropriateness depends heavily on the specific details and severity of the situation. It offers a platform for potentially amicable resolution in civil matters, focusing on negotiated settlements rather than adversarial contests.

In Westwood, mediation services tailored for domestic situations may assist in reaching agreements regarding custody or property distribution. However, it's essential to note that ongoing safety and legal compliance are paramount, and mediation is not a substitute for criminal legal proceedings. At Eisenstadt Law, our team can advise if mediation is a suitable option and ensure any agreements align with legal obligations.

How Do Massachusetts’ Domestic Violence Shelters Operate?

Domestic violence shelters in Massachusetts, including those accessible to Westwood residents, provide critical support to individuals seeking refuge from abusive situations. These shelters offer a safe haven, delivering both short-term relief and long-term planning resources. Services often include counseling, legal aid, and connections to job training programs.

Domestic violence shelters operate with strict confidentiality, ensuring that residents' whereabouts remain undisclosed for safety purposes. Their holistic approach targets empowerment and self-sufficiency, helping individuals transition to stable, independent living. Westwood residents can benefit greatly from these comprehensive services, which are integral to the community's support system.

If I Plea to the Charge, Can I Have My Record Sealed?

Massachusetts does provide ways to have your record sealed in many cases. Depending on the outcome of your case, there may be a waiting period to apply to have it sealed, or you may be able to apply the same day that it is resolved.

Understanding the nuances of record sealing in domestic violence cases can offer a path to reclaiming personal and professional integrity. This legal avenue, though impacted by the specifics of the case, is an important consideration for those looking to move past these legal challenges.

What is the Sentence Outcome if I Plea to the Charge?

Any charge of domestic violence carries a wide range of possible sentences. You have an absolute right to a trial in any criminal case. If you decide to change your plea, however, it is important that your attorneys negotiate with the district attorney’s office and make a strong presentation to the judge to avoid a lengthy jail sentence in your case. 

In cases of domestic violence, in addition to any sentence of jail or probation that may be imposed, judges will often also order that the defendant attend anger management classes or a batterer’s program.

Engagement in court-mandated programs like anger management or the batterer’s program often serves as both punitive and a rehabilitative measure. Such programs aim to address underlying behavioral issues while demonstrating the defendant's willingness to rehabilitate. This can be a critical component of legal strategies aiming to secure more favorable outcomes.