Domestic Assault Defense
In Massachusetts, a domestic restraining order is known as a “209A order”. Such orders are first issued temporarily, usually without the subject of the order being present. He or she can defend against this retraining order at a hearing that is held 10 days after the temporary 209A is issued.
The consequences of a 209A restraining order
If you are the subject of a 209A restraining order, it is essential to have experienced representation at these hearings, as the orders, once permanent, can prevent you from seeing your children or being in the same neighborhood as your spouse. Even more important, it is very easy to violate these orders unwittingly and then be charged with the criminal offense of violating a 209A.
Types of domestic assault charges
In addition to representing people charged with violating a restraining order, our lawyers defend individuals charged with other types of domestic violence, including:
- Domestic assault and battery
- Criminal harassment
- Stalking - including allegations of cyber-stalking
- Threats
Domestic violence often a factor in divorce proceedings
Domestic assault can be between spouses, domestic partners, parents and children, or grandparents and grandchildren. It is often a factor in divorce proceedings, with one party accusing the other of committing domestic violence and seeking a restraining order in revenge for perceived or real slights and difficulties.
Investigating to get at the truth
Our lawyers rely on experts and investigators to identify witnesses to the alleged assault, battery or harassment. We interview these witnesses to validate the charges of domestic assault and battery, and determine whether a self-defense argument is appropriate. We have successfully employed these and other strategies in numerous cases.
Working to minimize the immigration consequences of an assault charge
Our lawyers are keenly aware of the immigration consequences of conviction on a charge of domestic assault and battery or other domestic violence charges. Conviction can lead to deportation and removal proceedings for many visa and green card holders; we work hard to get the charges reduced or dismissed to minimize the possibility of removal from the country.
Standing by you from the beginning of your case
Our law firm is committed to providing a strong defense at every stage of the proceedings against you. We represent clients from initial investigation to post-conviction appeals and at every other step, including:
- Initial investigation
- Extradition
- Arrest
- Grand jury indictment
- Charging
- Bail hearing
- Arraignment
- Plea negotiations
- Trial
- Verdict
- Pre-sentencing investigation and reports
- Post-conviction appeals, writs and motions
- Probation
- Jail or prison
- Parole
Christopher A. Shannon has experience representing clients in civil hearings after a temporary 209A is issued, or against the criminal charge of violating a 209A after the restraining order has issued. Contact us at 617-738-3246 for any matter related to a Massachusetts domestic restraining order.
