Massachusetts Criminal Defense Resource Page

Are You The "Victim" of a Domestic Assault in MA, But Don't Want to Press Charges?

Getting Domestic Assault Charges Dropped is Not Automatic!

If you are the alleged victim of domestic assault & battery in Massachusetts, and you are being pressured by the DA's office, or a victim witness advocate to testify against your spouse, boyfriend, or roommate, I know you are in a tough spot.

If you were the one who initially called the police, or filed the report because you were angry about something unrelated, it can be difficult to unwind the legal process once it get's rolling. Particularly with domestic violence, the prosecutors are not willing to just instantly drop the charges.

And you regret calling the police, and want the case to go away, you have certain rights. These can include, spousal privilege, and 5th Amendment rights not to testify against and incriminate yourself.

Either way, the Commonwealth cannot force you to testify.

If you invoke either one of these rights, the state will not be able to force you to testify. And unless there is another witness, or your spouse, boyfriend/girlfriend has made some admission to the police, the case will ultimately have to be dismissed.

I understand you are under a lot of pressure, and in a difficult situation. And domestic violence is no joke. The victim's witness advocates are doing their job, and no doubt see hundreds of horrible circumstances and heartbreaking cases of abused women. If you were harmed, you have every right to have an abuser punished.

But that is just not the case in with every domestic assault charge brought before the court. I have had many cases were domestic assault was charged, but no harm was done. But police are required to arrest if there is any ambiguity in the situation.

Maybe you were angry about something else, and overreacted after a fight. Maybe a neighbor called the police, and you didn't say anything, or said something you now regret. Or even if you did call the police, and know that it was a mistake and an overreaction, you are not obligated to stick with the story if it is not the truth.

Whatever happened, I can help you protect your rights and freedom in court. The police and DA's can't be looked at as soft on domestic abuse. Even if the facts are trivial or absurd, their hands are tied, and the process is automatically set in motion. So it can take a lot of legal wrangling to get a fair outcome for you.

Give me a call and I'll let you know what I can do to help you out.

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More on Massachusetts domestic assault laws, and assault and battery penalties.

Free Consultation on Massachusetts Domestic Assault Cases

If you or someone your love is charged with domestic assault, assault and battery, or any another criminal offense, call me at (781) 326-2700 to discuss your situation, and how I can help.

Sincerely, 

Elliot Savitz
MA Criminal Defense Lawyer
(781) 326-2700