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Domestic violence applies when someone alleges violence that are in a substantial dating relationship, are family members or roommates that live together.

Once police in Massachusetts determine that domestic violence occurred than it is treated differently than other crimes in Massachusetts.

They are also poorly understood by police, judges, prosecutors and attorneys alike.

Meanwhile, the offense is a felony, and as a general rule, you should always make the Commonwealth prove its case when you are charged with a felony.

That means that if a police officer arrives on scene and sees any evidence of domestic assault and battery he or she must make an arrest.

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The witness intimidation statute in the Commonwealth is serious, broadly written, and extraordinarily harsh.

Examples of crimes associated with domestic absuse include: Mandatory Arrest The law requires a Massachusetts police officer responding to an incident of domestic violence to make an arrest if the officer has probable cause to believe that a domestic violence assault or other serious domestic violence offense was committed within the previous four hours.

If the officer determines that family or household members have assaulted each other, the officer will arrest only the person he or she believes to be the primary aggressor. Domestic abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges," the case will NOT be dismissed.

Proving a person's intent is a particularly difficult to do, and often requires that the Commonwealth rely on "circumstantial" evidence which is often open to competing interpretations.

Note: If you are in an emergency situation, call 911. The Commonwealth of Massachusetts defines domestic violence as almost any criminal act of abuse committed by one "family or household member" against another.




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