How Long Will it Take for a Domestic Assault and Battery Charge in Massachusetts to be Resolved in Court?

Those facing a Massachusetts Domestic Assault and Battery charge often ask how long will it take to resolve the case in Court.

In many Massachusetts domestic assault and battery cases, the alleged victim is not on board with the prosecution, meaning the person who is the victim wants the case dismissed or never wanted you arrested. Often, the victim will inform the District Attorney only to find that the charges are not being dismissed. This is very common and DelSignore Law can guide you through the process of obtaining a dismissal under these circumstances.

The answer to this question is that it is usually four to six months if the victim does not want the case prosecuted and there are no additional ways to prove the case without the cooperation of the alleged victim:

1. 911 call that qualifies as non-testimonial under the Sixth Amendment.
2. Confession on your part that you committed the domestic assault and battery cases
3. Independent witness and or video evidence.

Often, a husband or wife may be charged as a result of a misunderstanding, argument that resulted in the police being called to the house. Police officers are required to make an arrest when there is an allegation of domestic assault and battery.

This means that many are charged even when the alleged victim does not wish the case to proceed. It is common for a wife, girlfriend or a family member to call the district attorney to drop the case.

You could face several court dates and be forced to set the case down for trial before the case is dismissed.

Once charges are brought, they are brought by the Commonwealth, NOT the name victim in the case. No matter how insistent a victim is that a case should get dismissed, ultimately, the decision rests solely with the district attorney’s office.

District Attorneys do not quickly dismiss Domestic assault and battery charges. There is a fear over dismissing a case when a defendant may truly present a danger to a victim, so district attorney’s office have policies on how domestic assault and battery case should be handled. This makes otherwise quick-to-resolve cases, longer to work through the court system.

• Delsignore Law Key Points regarding Massachusetts Domestic Assault and Battery Charges