Legal Question in Criminal Law in Massachusetts

Domestic Violence and Soap Opera that Followed !!

Hi, I currently have two open cases against my recent ex boyfriend assault and battery. I was granted a restraining order against him last monday. he attempted one against me and was denied. sunday I receieved a call from his 77 yo grandmother wanting to meet at a public place. I met with her but this is where the story becomes like a soap opera. She uses the Christian card against me WWJD, then asks me to drop the charges cause he can go to jail due to the second offense, and then OMG offers to pay for my pain and suffering?? Isnt that bribery which is a felony? So I quickly refuse anything she has offered not knowing if she has a tape recoder in her purse and I strongly want to pursue the case against him. We leave lunch. He of course is promising her to get help but we all know he wont. She then calls and says maybe I should write a letter to saying I wish to drop the charges and that I participated in the abuse which I said heck no. I do not want the case dismissed in anyway, I feel no pity for him. She's also trying to pursuade me not to show up to court. Is there anything that I can do legally to protect myself from this nutjob family besides changing my phone number?? She's a persistent granny


Asked on 4/21/09, 12:25 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Domestic Violence and Soap Opera that Followed !!

This is not bribery, and you are throwing words which apparently you do not understand. There are however other legal matters about whether in contacting you in his behalf, there is another violation of the RO.

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Answered on 4/22/09, 12:19 am

Re: Domestic Violence and Soap Opera that Followed !!

Payment in Accord & Satisfaction of an Assault and Battery Charge is 100% legal and ENCOURAGED by the legislature under General Laws Chapter 276, Section 55 as a way to resolve midemeanor offenses. It is not bribery and is not a felony. Whether you decide to enter into an Accord (and only do so in writing!) is your decision. However, it will have no effect on the restraining order remaining in place; it only settles the issue of how much time you will need to take off from work and whether you will be compensated for your injuries.

Remember when you deal with the court system in a criminal case, no one represents the Victim... not the prosecutor or the "victim advocates" on their payroll - they work for an elected official (ie. a politician) who has to run for re-election, and serve at his pleasure; not the defense attorney - who represents the defendant; and not the judge - who represents and administers the legal system. The only person looking out for you and your best interests is YOU. The court cannot award you money damages for pain and suffering unless you file a civil lawsuit, and then you may have 'heck' trying to collect on the judgment.

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Answered on 4/21/09, 12:52 am


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