Woburn Domestic Violence Attorneys

Woburn Domestic Violence Attorneys Providing You With Quality Legal Representation When You Need it Most

In Massachusetts, laws have been enacted to protect people from domestic violence, physical abuse, or emotional abuse suffered by someone not in a domestic relationship. Our law firm assists individuals who have been accused of domestic violence offenses by providing them with skilled legal representation. We at Contant Law P.C. start by helping our clients understand the laws and then navigate the process so that you and your rights are protected.

Domestic violence convictions can negatively impact child custody issues, employment, and potentially land you in jail. A domestic violence conviction can also lead to issues with other family members and your professional standing in the community.

Our domestic violence lawyers have the experience to get results so you can have the peace of mind you deserve. Contact our Woburn law office to schedule a free initial consultation to discuss your case and learn more about our legal services.

When Can a Person Be Charged With Domestic Violence in Massachusetts?

An individual may be charged with domestic violence if they physically harm, have the intent to harm, or inflict the fear of harm upon a person who qualifies as a family or household member. Massachusetts domestic violence law defines family or household members as:

Who are or were married to each other
Who are or were living together
Who are or were related by blood or marriage
Who have a child together
Who are in a substantive dating relationship

It should be noted that an individual may also be charged with domestic violence if they engage in stalking behavior by repeatedly trying to communicate with a victim who wishes to sever contact.

If you have been charged with domestic violence, you must seek legal representation immediately. The judge may issue a temporary restraining order that prevents you from returning to a residence you may share with the alleged victim or prohibit you from spending time with your children.

Contact Contant Law P.C. immediately to schedule a free consultation with an experienced domestic violence attorney today so we can get started on your defense.

When is Domestic Violence Charged as Felony?

Massachusetts takes a dim view of domestic violence and has strict laws in place that deal with offenders. Although many first-time domestic violence offenses are charged as misdemeanors, they can be upgraded to felonies depending on the facts of the case.

Some of the factors that can lead to felony domestic violence charges include:

Serious bodily harm: A domestic violence charge can be automatically upgraded to a felony if the alleged victim suffers a serious bodily injury
Use of a dangerous weapon: The alleged perpetrator used a dangerous weapon such as a gun, knife, or blunt object in the commission of the crime
Violation of a protection order: If an alleged perpetrator has been served with a restraining order ordering them to stay away from a victim and commits an assault against them, the charges may be upgraded to a felony

Other circumstances that can result in a domestic violence charge being upgraded to a felony include evidence of strangulation, false imprisonment where the victim is not allowed to leave, or the perpetrator engaging in other felony offenses in the commission of the crime.

Who Does a Domestic Restraining Order Protect?

Domestic restraining orders in Massachusetts offer protection to individuals suffering from domestic abuse between people who are defined as family or household members.

Judges may issue emergency orders if they feel the circumstances warrant it. Before a judge issues a restraining order, the alleged victim must prove that a prior incident of domestic violence has occurred. Examples of domestic violence accepted by the court may include assault, assault and battery, stalking, harassment, threats, and coercive control of another.

A judge may issue a temporary restraining order in specific instances. Unlike other restraining orders, this one does not require the accused to be present at a hearing. A domestic restraining order should not be confused with a harassment prevention order, which fills a gap to protect people who are not in a “domestic” relationship in situations, which may involve:

Feuding neighbors
Those being bullied at school and/or work
Victims of sexual assault who have not previously dated their attacker
Harassment by an ex-spouse or partner against the current spouse or partner

While similar in many ways, there are a lot of differences in what needs to be proven to obtain a harassment prevention order than a domestic restraining order.

If you have been served with a restraining order and have questions regarding your rights, contact our Woburn domestic violence lawyers to schedule a free initial consultation.

What Happens After a Judge Issues a Restraining Order?

If the judge issues the restraining order, police serve the order upon the recipient as soon as possible. The court hearing date is scheduled for not more than 10 court business days after the issuance of the temporary order, at which time the defendant can have their full hearing to challenge whether the restraining order should continue.

The temporary restraining order will be terminated if the victim does not appear in court. If the defendant does not appear at this hearing, the temporary order will likely continue for up to one year for a first time extension. The court does not provide attorneys to either the victim or the defendant, so if you have been served with a temporary restraining order and are going to court, you should seek qualified legal representation.

The victim and defendant have the right to have witnesses testify on their behalf and submit other evidence to substantiate their claims. Attorneys may also question or cross-examine the other party and their witnesses. The judge overseeing the hearing has broad discretion to limit cross-examination and what evidence they deem admissible.

After the hearing, if the judge finds that the plaintiff is “suffering from abuse,” the judge can extend the order as it was issued for up to one year for the first extension. The judge also may modify the terms of the order to add or delete certain provisions. If the judge finds that the victim has not demonstrated abuse, the restraining order will be terminated.

Are There Any Legal Defenses That Can Be Used in Domestic Violence Cases?

Due to the severe criminal penalties and other legal implications that accompany domestic violence convictions, you must have a strong legal defense. Several defenses can be used to fight domestic violence charges, which include:

Self-defense: An individual may use reasonable force if they have reason to believe that they are in imminent danger of being harmed
Defense of others: Similar to self-defense, an individual may also use reasonable force to protect others who may be in imminent danger of being harmed

It should be noted that under the law, even though individuals have a right to use reasonable force to protect themselves and others if confronted by an attacker, they also must retreat whenever possible.

Other legal defenses that criminal defense attorneys often use include:

False allegations: All too often, alleged victims make false allegations for various reasons, including revenge or to gain leverage in a divorce or child custody matter
Lack of evidence: The criminal prosecutor has the burden of proof, meaning they must present evidence that shows beyond a reasonable doubt that an individual is guilty of the crime

Every domestic violence case is different, and the legal defense strategy that an attorney uses will depend on the facts of the case. Allow our Woburn, MA, law firm, to review your case and determine what legal strategy meets your needs.

What are the Penalties for Domestic Violence Convictions?

The criminal penalties for a domestic violence conviction will vary depending on several factors, including if it was a first offense and the severity of the crime. Possible penalties include:

First offense: Up to two and a half years in the house of correction and a fine of up to $5,000
Second offense: Up to two and a half years in the House of Corrections or five years in state prison and a fine of up to $5,000

If you are convicted of felony domestic assault, you will be labeled a convicted felon, which remains on your permanent criminal record. A felony conviction will make it challenging to obtain professional licenses, own or possess firearms legally, maintain certain types of employment, and have severe legal implications on your immigration status.

One of the best steps you can take to avoid the negative consequences of a domestic assault conviction is to hire a highly trained lawyer.

Domestic violence lawyers have experience with the Massachusetts criminal justice system and know what it takes to get results. If you are facing criminal charges related to domestic violence, do not risk your rights, freedom, and reputation to an attorney who lacks experience. Instead, contact Contant Law P.C. immediately. Our attorneys have extensive experience and will work to create a custom defense strategy that will help you win your case.

Can Your Criminal Defense Attorney Help Me Win My Domestic Violence Case?

Contant Law P.C. recognizes that sometimes individuals find themselves facing domestic violence charges through no fault of their own. Our legal team understands that often, law enforcement and prosecutors are overzealous when it comes to prosecuting domestic violence cases and try to present evidence that can be deemed inadmissible when challenged by a defense attorney.

Our defense attorneys will thoroughly examine any evidence the state has against you to determine whether we should argue that it should be thrown out. We can often negotiate with the prosecutor to have your charges dismissed or reduced.

Our law firm has a proven record of representing clients in Woburn and Eastern Massachusetts. Our dedicated domestic violence lawyers know that clients want to resolve their legal issues quickly so they can resume their lives. We work hard to safeguard your rights and reputation.

Contact Contant Law P.C. at (617) 221-8221 to schedule a free no-obligation case evaluation so we may determine how we can help.