A domestic violence charge in Franklin, Massachusetts can carry serious legal consequences, including criminal penalties and civil restraining orders that affect where you can go and who you can contact.
Understanding the specific charges against you and the defenses available under Massachusetts law is an important first step. The right approach depends on the facts of your case, but some steps may help you challenge the allegations.
How to challenge domestic violence allegations
Defending against domestic violence allegations in Massachusetts requires careful attention to the facts and evidence. The most effective defense strategy depends on a particular case’s facts, but the following steps could help you to challenge domestic violence allegations:
- Examining the charges: Massachusetts does not treat domestic violence as a single standalone offense. Depending on the circumstances, a person could be charged with assault and battery on a household or family member or other related offense. The specific charge significantly affects the available defenses and potential penalties.
- Reviewing the evidence: A defense attorney can review police reports, photos, medical records and witness statements. This can reveal information that contradicts the allegations.
- Considering self-defense if applicable: Self-defense may be a valid defense if the defendant reasonably believed they faced an immediate threat of harm and used only that much force as was reasonably necessary to protect themselves. Massachusetts law requires that the defendant did not provoke the confrontation. Whether self-defense applies depends on the specific facts of the situation.
A defendant may also face a 209A abuse prevention order that can restrict contact with the alleged victim. Contempt of court can also be charged if the defendant does not follow the prevention order, which can result in further criminal penalties.
Taking action after a domestic violence charge
Domestic violence charges in Massachusetts may carry severe consequences, but with the right defense, you can fight the charges and protect your rights. A local criminal defense attorney can assist you with your legal needs and guide you through the complex judicial system.
