We want to address something we hear frequently from defendants in domestic cases: the situation was more complicated than the police report makes it look.
In a significant number of domestic violence cases, the events were mutual. Both parties were in some degree agitated. Both were saying or doing things that escalated the situation. Only one of them ended up in handcuffs because of how the police interpreted what they found when they arrived.
Massachusetts law does allow police to arrest both parties in a mutual combat situation, but in practice officers often make a judgment call about who they believe to be the primary aggressor. That call can be influenced by factors as subjective as:
- Who spoke to them first
- Whose story was more coherent
- Who appeared more visibly upset
This does not mean that defensive claims are automatic winners in court. But it does mean that the narrative in the police report is not necessarily the complete or accurate account of what happened. An experienced defense attorney will gather evidence — text messages, phone records, photographs, witness accounts, medical records — that can challenge or contextualize the government’s version of events.
In cases where there is credible evidence of mutual aggression, self-defense, or a false or exaggerated allegation, building that factual record carefully and presenting it effectively can make a real difference.
Domestic Violence Cases During Separation and Divorce
Cases involving allegations of domestic violence against a spouse or partner sometimes arise in the context of a deteriorating or ending relationship, separation, or divorce proceedings.
We want to be careful in how we address this, because most domestic violence allegations are genuine and serious. At the same time, it would be dishonest to pretend that criminal allegations are never made in the context of custody disputes or divorce proceedings in ways that are influenced by factors beyond the criminal incident itself.
An attorney handling a domestic violence case needs to understand the broader relationship and legal context in which the case arises, because that context can shape both the nature of the defense and the ultimate resolution. The interaction between a criminal domestic violence case and a concurrent family court proceeding is a complex area where specialized experience matters.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
