MA domestic violence case law

08/07/2012

 

  

Massachusetts domestic violence laws fall under M.G.L Chapter 209A. When the police are called to the scene of a domestic violence incident an arrest is usually mandatory. Someone is going to jail and unfortunately the police do not always get it right! Allegations and emotions run high, people fabricate facts, witnesses are bias and law enforcements priority is to secure the premises to prevent any potential violence. Even if the other person wishes to have the charges dropped, its too late. Once the district attorney has the case and an arraignment takes place, the charges will appear on your criminal record until such time your either found not guilty or the records are sealed at a later date.

The stakes can be high in domestic assault and battery cases or 209A restraining orders. Jail sentences and large fines are not uncommon. In addition, if you are going through a divorce it could have a severe impact on your custody case. Also, if your a licensed professional or studying to become licensed then a conviction could effect your ability to become licensed. Bottom line is you need to contact an experienced domestic violence attorney such at Attorney Michael St.Louis.

 


 

Other Massachusetts Laws Related to Domestic Violence

 

 


 

Other Federal Laws Related to Domestic Violence

 

 


 

Selected Massachusetts Domestic Violence Case Law

 


 

Agis v. Howard Johnson Co., 371 Mass. 140 (1976). Expanded liability to cases without physical harm. Court held that "one who, by extreme and outrageous conduct and without privilege causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result."

 

 

Brown v. Nutter, McClennen and Fish, 45 Mass. App.Ct. 212 (1998). Legal secretary brought action against law firm and one of its attorneys for emotional distress. Court held that while the Workers' Compensation Act barred her claim against the firm, it did not immunize the attorney from personal liability.

 


 

Commonwealth v. Alphas, 430 Mass. 8 (1999). "In order to convict a defendant under 'following' prong of stalking statute, Commonwealth is required to prove more than two incidents of following."

 


 

Commonwealth v. Richards, 426 Mass. 689 (1998). Court held MGL chapter 269, section 14A does not apply to allegedly annoying facsimile transmissions.

 


 

Commonwealth v. Wotan, 422 Mass. 740 (1996). "Term 'repeatedly' in statute making it a misdemeanor to telephone someone repeatedly solely to harass, annoy or molest requires three or more telephone calls."

 


 

O'Brien v. Borowski, 461 Mass. 415 (2012). G.L. c.258E held to be constitutional. Also, prior to this case, the only review available was to seek relief from a single justice of this court under G. L. c. 211, § 3. "After the date of the issuance of the rescript in this case, all litigants seeking judicial review of harassment prevention orders issued pursuant to G. L. c. 258E are directed to the Appeals Court."

 


 

Quinn v. Walsh, 49 Mass.App.Ct. 696 (2000). "Openly conducting adulterous affair was not sufficiently outrageous for an emotional distress claim.

 


 

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Contact an expert domestic violence attorney

 


 

If you would like to work with an attorney who has the expertise defending clients charged with domestic violence in Massachusetts, please do not hesitate to call today at 781-816-3950 for your free consultation or contact us online.

 


 

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