Legal Question in Criminal Law in Massachusetts

Domestic Violence Against Me- Defendant Attempting Legal Retaliation

I was assualted by my now exboyfriend a month ago. He was arrested and was released on personal recognance. He admitted to his guilt via emials that I have saved. Stuoidly we attempted reconciliation, and like a typical abuser he pushed me to the ground again and i sustained cuts and bruises on myhands on kneees. I went to the police station amd filed a report they attempted to arrest him but he wouldn't open the door. I went to court today and lo and behold he was there trying to get a restraining order against me. His order was denied by the judge. I went to my district couthouse and was granted a restraining order by another judge. I was contacted later this evening by the dtective working on my case saying the defendant was going to make a report claiming he had a bruise on his head and that it was a mutual assualt and may try to press charges against me. He is also accusimg me of stalking him for the past month, when we have had numerous dates with individuals, bowling, baseball games, sushi etc. Thankfully I have a great phone that with a backup has saved and recorded text messages and also emails. I am asking, if he does file a criminal complaint against me could I be arrested? what should I do just in case??


Asked on 4/14/09, 12:15 am

2 Answers from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: Domestic Violence Against Me- Defendant Attempting Legal Retaliation

Given the information that the local police have about your situation, it is unlikely that they would come and arrest you even if he is successful in getting a complaint issued. It is more likely that they would simply issue a summons which you would get in the mail. If you do receive the summons you should definately hire an attorney. It sounds like you have a good defense, but the guy is obviously sly and unscrupled and willing to do whatever it takes to shift the blame here. Hire a good criminal defense attorney and trust their advice.

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Answered on 4/14/09, 6:44 am
Jessica Foley Law Office of Jessica A. Foley

Re: Domestic Violence Against Me- Defendant Attempting Legal Retaliation

Hi,

Sounds like a tough situation. Usually if someone files a civilian complaint against you (which is what it appears your ex-boyfriend will do), you are summonsed to court. If he makes a report to the police that you assaulted him, the chances are that they will summons you to court and not arrest you.

You should seriously think about getting yourself an attorney to represent you in these matters, to protect your rights and your record.

Jessica

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Answered on 4/14/09, 8:42 am


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