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Using a Mental Breakdown as a Defense to a Domestic Violence Charge

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  • 03-14-2014, 11:06 AM
    willowmoon
    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.
  • 03-14-2014, 11:20 AM
    llworking
    Re: Affiramtive Defense
    Quote:

    Quoting willowmoon
    View Post
    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.

    He is making those threats in order to attempt to intimidate your daughter into not testifying against him...or simply in order to continue to abuse her any way that he can. If there is no proof that she attempted to hurt him then its unlikely that a DA would take the case.
  • 03-14-2014, 01:48 PM
    willowmoon
    Re: Affiramtive Defense
    I forgot to add that this happened at someone else's house and there is a witness to the incident between them and to her attempted suicide and mental breakdown
  • 03-14-2014, 01:51 PM
    Mr. Knowitall
    Re: Affiramtive Defense
    I doubt that the police will be particularly interested in a belated, revenge-based report. If your friend is concerned, she should consult a criminal defense lawyer with the full facts, including her diagnosis when she was hospitalized. The intake report probably summarizes what happened, and if her boyfriend was there it may be based on his statement.
  • 03-14-2014, 03:14 PM
    PandorasBox
    Re: Affiramtive Defense
    Is the witness willing to testify? Why were no police called at the time this occurred?
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