Attorney Frank Fernandez has represented people from cases ranging from simple assault to accusations of attempted murder. It is important to get a lawyer involved in your case as soon as possible to guide you and to preserve every possible avenue of defense.

Call attorney Frank Fernandez now for a free consultation, 24 hours, 617-393-0250.

The Commonwealth of Massachusetts has a zero tolerance policy for domestic violence. Police are instructed to make an arrest if there is any evidence or accusation that an assault took place. This policy has been enacted so the police avoid a situation where they leave someone in the home and later a much more serious assault or homicide occurs. They fear that they will be cast in an unfair light when it is learned that the police had responded earlier and did not take action at that time to avoid the later catastrophe.

  Most people are unaware that their local police departments have a mandatory arrest policy when the police are called to a home for allegations of domestic violence.  This means that if a neighbor or a spouse or girlfriend/boyfriend calls 911 because screaming is heard, the police will go to that residence intending to arrest the more "culpable" one -- however they wind up viewing that.
 

Once a person is arrested and brought before a court the district attorney's office takes control of the case.  The victim does not have the power to request the Commonwealth just drop the charge against their spouse. The victim will be treated as a material witness and every effort will be made to force the victim to testify at trial, including a court ordered subpoena ordering the victim appear in court to testify. The Commonwealth views domestic violence as not only a physical form of abuse but also mental abuse which they consider to be a cycle of intimidation and violence where a victim often wishes to drop charges the next day and not go forward. This does not stop the Commonwealth from proceeding they treat a victim like a witness and march forward with the prosecution whether the victim likes it or not. These are cases which are not dismissed because it was all a big misunderstanding. Photos of any injuries are usually taken and officers prepare witness statements to be able to report at trial what was said and viewed at the scene upon their arrival.

As always it is important to be very careful what you say to the police. Anything you say can and will be used against you in Court. Do not make any admissions to a crime to the police they are not there to be your friend but rather to assess what has happened and gather evidence against whoever they suspect of committing a crime. It is important to get an experienced attorney involved as soon as possible. These types of charges often drive the accused out of the home with little or no contact allowed with the alleged victim. It is expected that the Division of Child and Family Services (DCF) (formerly the Division of Social Services (DSS)) will be notified if children live in the home where the alleged assault occurred. This agency will send there own investigator with the purpose of assessing whether the children are in a dangerous environment which requires removal from the home. You need an experienced attorney to guide you through this situation.

To think a moment in which anger and loud voices takes over a dispute can lead to an arrest and potentially the removal of ones children from their home can cause a huge amount of shock and stress. Accused are arrested and not allowed back to the family home and told that they can collect belongings with the escort of a police officer. A skillful defense lawyer with experience in these matters is needed to guide you through these crazy and unfamiliar waters.

For a free consultation, 24 hours, call criminal defense lawyer Frank Fernandez now. 617-393-0250.

Attorney Frank Fernandez, serves clients in all of Massachusetts, including the cities and towns of: Boston, Amesbury, Andover, Avon, Belmont, Beverly, Boxford, Braintree, Brookline, Burlington, Cambridge, Canton, Carlisle, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Franklin, Georgetown, Gloucester, Haverhill, Holbrook, Ipswich, Lexington, Lincoln, Lynn, Lynnfield, Marblehead, Marlborough, Medfield, Medway, Melrose, Methuen, Middleton, Millis, Natick, Needham, Newburyport, Newton, Norwood, Peabody, Quincy, Randolph, Rockport, Salem, Saugus, Sharon, Sherborn, Stoughton, Sudbury, Swampscott, Topsfield, Walpole, Wayland, Wellesley, Weston, Winchester and Cape Cod.