Protect Your Rights In Domestic Assault Cases

Assault and battery is a misdemeanor, but it carries a possible jail sentence. In order to convict someone of assault, prosecutors must show that a defendant touched another person or intended to touch someone without their consent, and the act was likely to cause bodily harm. There is no difference between assault and battery and domestic assault and battery. In fact, technically, there is no crime of domestic assault and battery. It is simply charged as an assault and battery.

Lawyers, judges and court personnel add the term “domestic” to distinguish a kind of assault and battery because its domestic nature may influence the course of the case.

Allegations Regarding Restraining Order Violations

Crimes often accompanying a domestic assault and battery include violation of a 209A restraining order and intimidation of a witness (a felony). Oftentimes, an alleged victim does not wish to proceed with the case after the defendant has been charged. If the parties are married the alleged victim may refuse to testify against the defendant at the criminal trial. Otherwise, the prosecution can compel the alleged victim to testify.

If the alleged victim refuses to testify and the prosecution, for whatever reason, cannot compel his or her testimony, usually, the only way left for the prosecution to prove its case is through the testimony of other witnesses or by introducing statements made by the alleged victim to the police — a method that is difficult, but not impossible, for the prosecution to do in light of recent changes in the rules of evidence.

In any case, the parties may sign a document known as an Accord and Satisfaction, and ask the judge to dismiss the case. An Accord and Satisfaction would not be applicable against a felony such as assault and battery by means of a dangerous weapon, and the judge may exercise his or her discretion in deciding to allow or deny a request for a dismissal by virtue of an Accord and Satisfaction.