Lowell Man Charged With Domestic Assault And Battery Faces A Dangerousness Hearing
According to The Lowell Sun, Brian Ganley from Lowell has been arrested and charged with domestic assault and battery and assault and battery on a child causing bodily injury. The Sun reports that Ganley was arrested after police responded to a call for domestice violence. When the officers arrived they observed Ganley's girlfriend, who is also mother of his children, with a swollen face. Upon questioning by the police, Ganley's girlfriend told the police that he hit and choked her when she questioned him relative to why their two month old daughter had a swollen lip. The infant was initially taken to Saints Memorial Hospital then to a Boston Hospital for treatment. Although the injuries are described as severe, the child is expected to survive.
The defendant was held and is expected to face a "dangerousness hearing" in Lowell District Court. M.G.L.A. 276 ยง 58A allows the Commonwealth to move for pretrial detention or release on conditions for certain felony offenses that involve the use of force or threatened force and/or an offense that by its nature involves a substantial risk that physical force against the person of another may result. The Massachusetts Supreme Judicial Court recently ruled that the charge of unlawful possession of a firearm, in and of itself, does not provide sufficient grounds to move for pre trial detention.
In Massachusetts, in situations involving domestic violence, the police often inform a complainant that he or she has the option of applying for a restraining order. Although a restraining order is a civil order, an alleged violation of such an order can result in criminal charges against a defendant.
If you have been charged with a crime of domestic violence and/or domestic assault and battery you should contact an experienced trial attorney as early in your case as possible. In the event that the complainant seeks a restraining order it is imperative that a successful defense attorney who is knowledgeable in this area of the law presents your position and opposes the issuance of the order.
Attorney Kathleen McCarthy represents defendants in local courthouses including Peabody, Salem, Malden and Newburyport and routinely fights for the rights of her clients. If you have been charged with any violent crime contact Attorney McCarthy online or at 978-975-8060 and she will begin working on your case immediately.
