If you are dealing with a charge for domestic violence, you need to understand what you are up against. Unfortunately, there are some widespread myths about these charges that people have gleaned from television or other sources.
Some of what you think may be common knowledge about this area of the law could be false. Here are a few of the most common misconceptions about domestic violence.
Your accuser can drop the charges against you
After a person makes a legal complaint or the police respond to a domestic violence situation, a state prosecutor will decide whether to pursue charges. Your accuser does not necessarily have the power to make the charges go away.
There must be physical evidence against you
Some people believe that a prosecutor must have physical evidence to prove domestic violence. In fact, the testimony of a victim and other witnesses could serve as the basis for the state’s case. However, a lack of physical evidence may be a defense raising reasonable doubt.
The consequences will not be serious for one incident of domestic violence
Having no prior history of domestic violence does not mean that you will have a light sentence if a court convicts you. Under Massachusetts law regarding domestic violence, you could face severe repercussions. If you have children, a conviction could affect your parental rights.
Ultimately, you need to take domestic violence charges very seriously. It is critical that you get the information that you need and prepare a strong legal defense.