Legal Question in Family Law in Massachusetts

Dismiss case of assault and battery

I am a resident of MA. Things got out of control over an issue and my husband raised his hands on me. I called 911 to reduce tenstion. On the other hand, he was taken into custody. and now we are running to court and looking for lawyer to get the case dismissed. What a waste of time and money ? My husband does not want to own up the actions in fear of the incident affecting his immigrations. I want to get him out of this situation and at the same time do not want to disagree to what happened in fear of the case turning against me. The public prosecutor gave us 30 days and told me to come back and request for case dismissal and would think of it at that point. I hear that the court wants to keep these types of cases open for a prolonged time to check out if this was a one time thing or something ongoing. The case even affected his job. How do I get my husband out of this unexpected mess and contin


Asked on 10/29/07, 9:47 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Dismiss case of assault and battery

You have the right to invoke your spousal privilege against testifying against your husband. As you are the only witness, your refusal to testify will result in dismissal without prejudice.

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Answered on 10/30/07, 6:42 am

Re: Dismiss case of assault and battery

You have an ABSOLUTE RIGHT not to testify against your spouse. The prosecutor is only keeping a scorecard to show his or her boss when it comes time for promotion and does not act in the best interest of families.

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Answered on 10/30/07, 8:16 am


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