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Articles Posted in Domestic Violence

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MASSACHUSETTS ADOPTS TOUGH THREE STRIKES LAW KNOWN AS MELISSA’S BILL

It was recently reported on August 2, 2012, that Governor Deval Patrick signed new Massachusetts criminal law legislation that imposes harsh penalties for repeat violent criminal law offenders convicted in the Commonwealth. In doing so, Massachusetts now reportedly joins twenty-six additional states that have imposed strong habitual criminal offender laws.…

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Domestic Assault and Battery and the 911 call in Massachusetts: What You Need to Know

It happens all the time. A couple gets into a spat and someone calls the police to complain or a neighbor or passerby dials 911 because they hear an argument, some screaming or a loud noise and think that domestic abuse is involved. If the police or an ambulance is…

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Spousal Disqualification is Raised in Massachusetts Federal Case

There is a distinction that is made under Massachusetts law between statutory disqualification and spousal privilege under G.L. Ch. 233, s. 20. The spousal disqualification applies in all actions, civil and criminal, and regardless of whether one of the spouses is a party or not; the spousal privilege applies only…

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Avoiding a Conviction by Agreement in Massachusetts: Accord and Satisfaction

A criminal complaint issues against you for assault and battery toward another individual. Can you later go to court and file an agreement between the parties that ends the case over the prosecutor’s objection? The short answer is yes. That’s exactly what happened in the case of Commonwealth v. Guzman,…

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Domestic Abuse Law in Massachusetts and Use of the Spousal Privilege to Preserve the Marital Relationship

You have just gotten into an loud argument or minor altercation with your spouse and someone calls 911 and the police come and arrest you and take you into custody away from your family. There are no witnesses to the alleged incident except for you and your spouse. Nevertheless, the…

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