Legal Question in Criminal Law in Massachusetts

Hi, I was arrested with the charge of assault and battery the other night, with the police report describing it at as ''argument/poss abuse''. My girlfriend and I were in an argument, and she was absolutely wasted (drunk) Now before you start thinking anything, let it be known that I never touched her, an in fact I have marks all over my face and head from when SHE attacked me, and during that attack I tried to restrain her for my own protection and nothing else. She was pissed at me, after that, (god forbid I protect myself in the most peaceful manner possible) and threatened to call the police, I called her bluff, and said that a few times because I was not the one in the wrong. Anyway she did, and without realizing that they would take me no matter what. She was genuinely naive to this fact, and pleaded with them not to take me once they did, once she realized how wrong she was. She knew and knows what she did was childish and immature, her own words.. She feels awful and wants to help me in any way she can, but I don't know what she can do for me, as it is the state vs me. To top it off, I am ordered not see or talk to her for 90 days. We are in love, and spend 5 days and nights out of the week together, and this nightmare of a stupid night where nothing abusive towards her happened, is wreaking havoc. She hates herself right now for doing all of this to me, and wants to help in any way possible. I don't care about the fact that I was the one who was attacked, I just want it over as easy, or as smoothly as possible. Can she contact my lawyer or the courthouse and ask about throwing out the 90 day no contact order? Can she contact anyone about having the state dropping the charges, even if she accepts responsibility and wrongness in it all? If not, then can she show up at my pre trial hearing and rectify the situation at all? My court appointed lawyer won't return my calls by the way) I would appreciate any answers that might help... Thanks in advance. -A


Asked on 1/12/16, 12:05 pm

1 Answer from Attorneys
George Davis Law Office of T. George Davis, Jr.

Your girlfriend could probably get the charges dropped by, but you are not permitted to reach out to her and ask her to do that. What I would suggest is that you ask your attorney to contact the victims' rights advocate working on this case, and have that person reach out to your girlfriend to see if she is amenable to doing that. If you or any other person acting on your behalf does that, you could find yourself in jail.

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Answered on 1/12/16, 12:33 pm


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