Holiday bad decision turns into domestic assault and battery charge


 Holidays are supposed to bring out the best in people, but unfortunately many times it brings out the worse.  It may be the tight quarters with family members that bring out the emotional exchanges, or simply the excess of alcohol.  Either way, don’t call the police unless it is necessary.

So I see this type of situation occur a good amount.  It happens quite often, but especially around the holidays people usually men are charged with assault and battery from a domestic incident.  The alleged victim in the case say that they didn’t want the defendant arrested and don’t want the person to go to jail.  The victim also states that the situation was exaggerated because the person wanted the police to take their side.

So here are a few things to consider before calling the police for no good reason.  Police tend to err on the side of caution in domestic situations.  Police can’t decipher an argument that is just a normal family argument that will boil over from one that may lead to some violent end.  As a result, police tend to make arrests to err on the side of caution.  That means if you tell the police that some physical contact has been made, the defendant will usually be arrested.

Too many people tend to call the police in attempt to get a person out of their house.  The likely end is that the police will get the person out of the house, but will also arrest and charge the person.  Also, the police arrest is not the end of the matter, but simply the beginning of a long legal process.  There is likely to be many court dates and people that you don’t want in your life.

Conversely, if you feel like you are in danger of your own safety then you shouldn’t hesitate in calling the police.  This post isn’t an attempt to convince people from calling the police for legitimate reasons, but to warn people from calling for frivolous ones. Holidays are supposed to be times of joy and celebration, but if you can’t get along perhaps you should avoid one another.  In the end, only call the police if you really need their help.

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For more information about domestic violence:

Massachusetts Law about Domestic Violence: http://www.lawlib.state.ma.us/subject/about/domviolence.html

Asian Task Force Against Domestic Violence: http://www.atask.org/site/

Healing Abuse Working for Change: http://www.helpabusedwomen.org/

Network for Women’s Lives: http://www.networkforwomenslives.org/

Gay Men’s Domestic Violence Project: http://www.gmdvp.org/

Casa Myrna Vazquez: http://www.casamyrna.org/

Jane Doe’s Inc.: http://www.janedoe.org/

On the rise: http://www.ontherise.org/

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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