Domestic Assault and Battery

tvbdude · #1 02-21-2009, 03:45 AM

My question involves criminal law for the state of: Massachusetts

Can the courts threaten to arrest and drag a victim of domestic assault and battery to testify in a trial even if they don't want to?

Baystategirl · #2 02-21-2009, 05:23 AM

Quoting tvbdude

My question involves criminal law for the state of: Massachusetts

Can the courts threaten to arrest and drag a victim of domestic assault and battery to testify in a trial even if they don't want to?

Yes they can.

Are you the assaulted or the assaulter in your situation?

tvbdude · #3 02-21-2009, 11:18 AM

I was the defendant. wow, they can really do that? I thought the court was messing around with me trying to get me to plead guilty(eventually I did). are you a lawyer? can you explain more to me about this?

cyjeff · #4 02-21-2009, 11:24 AM

Quoting tvbdude

I was the defendant. wow, they can really do that? I thought the court was messing around with me trying to get me to plead guilty(eventually I did). are you a lawyer? can you explain more to me about this?

Since about two thirds of DV victims recant their testimony, DA's have gotten very good at getting these victims to testify.

aardvarc · #5 02-21-2009, 03:45 PM

Yes, they really can make witnesses testify (or arrest them or put warrants for arrest out for failure to appear). That's all a victim in a DV case really is as far as the state is concerned; a witness. It used to be that DV cases were treated more as "private matters" and if victims didn't want to pursue charges, the state would more than likely let it drop. Fast foward about 20 years to the present day. After thousands of domestic violence homicides in cases where victims dropped charges and were later murdered, the courts finally got wise and started taking DV cases more seriously. Now, it really doesn't matter what the victim wants (at least not anywhere to the degree of times past). The court no longer treats DV cases like a private matter, but like any other crime that is committed - like ALL crimes are, against society at large and NOT just the individual victim in question. (In other words, the state is saying that a victim has no legal basis to give permission to another person to commit a crime.)

cyjeff · #6 02-21-2009, 03:47 PM

Further, child protective services can be called in as well... since mom and dad seem to have no problem with violence in the home, let's at least get the children out.

Baystategirl · #7 02-22-2009, 05:38 PM

Quoting tvbdude

I was the defendant. wow, they can really do that? I thought the court was messing around with me trying to get me to plead guilty(eventually I did). are you a lawyer? can you explain more to me about this?

After reading your posting history, I am not surprised that you are the defendant.

No. I am not a lawyer. I work with DV victims and have attended MANY trials where one of the victims was subpoenaed. I have also seen victims charged with contempt for failing to comply with the subpoena.

Given your criminal history I am SURE that the victim would have been subpoenaed and if s/he failed to show, s/he would have been charged.