Legal Question in Criminal Law in Massachusetts

my ex boyfriend was arrsted a month ago

my ex boyfriend was arrsted a month ago for assult and battery(domestic) and a restraining order was also issued. Now I want both the restraining order and charges dropped. Do I have to go to the court on his court date to do this?


Asked on 3/25/07, 6:33 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

My ex boyfriend was arrested a month ago

Once the complaint is filed, the matter is out of your hands. It has a life of its own, and is in the hands of the district attorney.

You may however have some options. Should you wish to discuss these, contact me.

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Answered on 3/25/07, 8:44 pm
Dmitry Lev The Lev Law Firm

Re: my ex boyfriend was arrsted a month ago

To get rid of the restraining order, you would go to court on any day of the week, go to the civil clerk's office, and tell them that you have a restraining order that you want to vacate. You will go before a judge who will ask you if you are still afraid of the person. You will be honest, and the restraining order will most likely be vacated.

The criminal case is more difficult to end because it is in the hands of the prosecutor's office (ie the office of the District Attorney). You you either contact the District Attorney assigned to the case on your own, or you could contact your ex boyfriend's lawyer and let him know that you want the matter dropped, or you could just stop talking to the victim witness advocates and the DA's office. It is unlikely that they can build a case against your ex boyfriend without your cooperation, and the case will have to be dismissed.

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Answered on 3/26/07, 1:02 am


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