Legal Question in Criminal Law in Massachusetts
i was physically assaulted
While picking up my son for the weekend my ex wifes boyfriend physically assaulted me. what are my options? What, if any are the consequences for his actions. Now my son doesnt wish to live there anymore. Does he have the right to chose where he lives
2 Answers from Attorneys
Re: i was physically assaulted
If you are going to report it to the police, you should do it as soon as possible. The risk is that the guy may make something up, and seek his own complaint.
IF thee are sufficient circumstances, for instance you son seeing the hitting, you have grounds to seek the court's involvment and modify the visits or condition the situation on the absence of this boyfriend.
This is indeed a serious situation, and you are welcome to call me, even now, and I will discuss this with you.
Re: i was physically assaulted
You can go to the police station local to where the incident took place and file a report. The police will decide whether they have enough to go arrest this man. If they do not, you can go to the local District Court and request an application for a Criminal Complaint. It will cost you $15 and there will be a hearing to determine if there is probable cause to charge this man criminally.
Further, you can go back to probate court that set forth the custody arrangements and ask for a reconsideration because of this change in circumstances.