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There are not as many domestic assault and battery trials as compared to an OUI, so judges do not have as predictable a track record as to how they will sentence.Also, at sentencing, the judge would ask to hear from the victim; in most cases the victim probably would request jail time after testifying in court.The statute does impose a significant penalty however: If you are convicted of a 209A violation, the judge must impose the certified Batter’s Program or put written findings on the record why the program was not ordered in the case.A charge of Witness Intimidation in Massachusetts is a felony offense that often accompanies a domestic assault charge. In this case, the defendant in a criminal proceeding admitted to saying to a witness “[w]ait until [your] court date, [I’m] going to make sure [you] get screwed,” and also admitted that he “told her when I was done with my case, I was going to sue her for her house.” The complaining witness testified that the defendant also made claims that he would “come to her house [that night] and that he said he would ‘shoot up my house’”. This determination placed the comment outside of the realm of protected speech.” The Witness Intimidation statute G. If you are a citizen or attorney confronted with this complicated area of law, we are glad to offer our thoughts.However, an attorney who used to be a prosecutor gave me this bit of information: "but jail is also where most people convicted from the district court serve their sentence (the defendant is occasionally housed in state prison if he has prior prison time served).

Looking at some statutes, and the Master Crime List there are crimes for which the defendant can be sentenced to either House of Corrections or Prison. A violation of the order is a misdemeanor criminal charge and if it involves someone in a dating relationship, spouse or family member, it will be regarded as a domestic case.The maximum possible penalty for a 209A violation is 2.5 years in the house of correction.Any amendment of a criminal charge can only come with the agreement of the prosecutor.A judge does not have the authority to amend a charge for the purposes of helping the parties reach a plea agreement. When a person obtains a restraining order, it is a civil order and the judge decides whether it should issue based on a civil standard.

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Yes it’s a ‘risk’ but it’s little more risk than in any other dating situation. Don’t assume that because you’re being pursued or that there’s certain future talk that it ‘must’ mean that they’re over their ex and ready for a relationship. don’t assume that because they’re separated or divorced that have a Ph D in commitment or that you’ll get the same. You remember what it’s like in those first few days, weeks and even months depending on how long the relationship went on for – you may still have been in touch, arguing, negotiating, or even hooking up. You can of course chance your arm but then you have to back away when it becomes clear that the ex files haven’t been closed. If you’ve already determined your boundary on this issue, don’t bust it, I know of quite a few people who were told to wait and come back when they’d had some more time/got divorced. Most people go through a breakup or few, and it’s not a ‘flaw’ to be separated or divorced hence there’s no reason to go Some relationships and marriages don’t work out.

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