Using a Mental Breakdown as a Defense to a Domestic Violence Charge
My question involves criminal law for the state of: Massachusetts
My daughter has a restraining order against her ex-boyfriend and he has an arraignment for serious injury later this month due to injuries he inflicted on her. I have recently found out that before this incident there was an argument in which she not only attempted to hurt herself but him as well. She spent 10 days in a psychiatric facility due to the incident . He his now threatening to file criminal charges against her for assault. Can she claim Affirmative Defense, given the fact that 1. He made no calls to the police after this incident 2. He allowed her to go to his house after the incident for purposes of a possibly reconciliation 3. He purposely provoked a reaction out of her ( a pattern with him) 4. He is only doing this in retaliation for the serious injury charge.
He has a history of causing her emotional distress and then laughing at her when she gets upset. Yes she did try to hurt him, but was also at the time suicidal and was attempting to hurt herself as well. She is now in an Intensive Outpatient Therapy Program due to the emotional and physical abuse she has suffered from him. I feel he is only doing this to get back at her. He also has a felony conviction for a violent offense.