Domestic Assault & Battery in Criminal Court
John Seed, Partner at Seed, Chan & Associates, LLC. and I discuss #domesticviolence cases. When a #defendant is charged with domestic violence in #criminalcourt there can be a lot of issues that need to be addressed. Once a criminal case is started, the victim can't dismiss the case even if that is what he or she wants. In fact, the prosecutor can force the victim into testifying against the defendant unless there is some type of privilege that would prevent that from happening.
Massachusetts has also created new charges for domestic violence cases including assault and battery on family and household member and strangulation. With the new cases there are certain requirements regarding releasing a defendant on bail, more severe penalties, and the state can move for a dangerousness hearing under 58A to hold a person without bail.