Legal Question in Criminal Law in Massachusetts

my husband came to my job and assaulted me. my employers called the police, a temporary restraing order was filed and also a warrant for his arrest.he was informed by the police that he was being looked for and that he had a warrant. this happened on a saturday, he turned himself in on Monday and was arraigned on assault and battery charges. iam not pursuing the charges against him, but the state is. in the mean time he has gotten himself an attorney , and my husband filed a criminal complaint against me, saying what he did to me, i did to him. we went in front of a clerk magistrate, who did not issue the complaint against me, but left it open for my husband and attorney to appeal his decision in front of a judge,which they are doing.

i have the police report and i have a witness who saw what happened, which is him yell at me and hit me, while i was behind a cash register working. and the police report states this too, plus the cop saw a mark on my face...

what iam wanting to know, is what are the chances of a judge letting my husband issue a complaint against me? the clerk didnt, but i do not understand why he left it open for him to appeal it.and too the clerk didnt look at anything i had to protect myself with..i.e.. the police report and a written statement from the witness. i dont understand any of this really, and iam hoping that maybe someone can explain why he is allowed to do this in the first place, when iam the victim.

my history isnt the best iam on probation for drug charges, but it has nothing to do with him abusing me and now trying to abuse me some more by this garbage he is pulling now, and seems as if he is getting away with.

i need some help.


Asked on 1/24/11, 8:10 pm

1 Answer from Attorneys

Paul Lancia Attorney Paul Lancia

Give testimony at the appeal.

I'm confident that a Judge will rule against a complaint issuing.

If you would like detailed information, please call me directly.

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Answered on 1/27/11, 1:43 pm


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