A phone call from a concerned neighbor reporting a domestic dispute led to an unidentified forty seven year old man being wheeled from the home on a stretcher with what police described as a "very deep stab wound." The Lowell Sun reports that late last evening the police were guarding the scene and waiting for word relative to the seriousness of the man's injuries. An unidentified woman was taken to the Lowell police station for questioning.
There are a variety of turns that this case could take. Although it appears that the man suffered serious injuries, the circumstances surrounding the stabbing must be thoroughly investigated. In the event that the woman in charged with a crime charges may stem from assault and battery with a dangerous weapon to assault with intent to murder. However, as of the publication of this article, it had not been determined that the woman was even the person that committed the stabbing.
When an arrest is made in a case of "domestic violence," the complaining witness is given information relative to applying for a restraining order. If issued a 209A restraining order usually requires that the defendant refrain from abusing the plaintiff and often times orders him or her to stay away from the plaintiff's residence and sometimes children. Although it is a civil order if the defendant is accused of violating the order criminal charges may issues. The standard for issuing an order is low. If you have been served with a temporary restraining it is important that you contact an attorney to explain your rights and what to expect at the next hearing. If you want an experienced Massachusetts domestic violence attorney on your side contact Attorney Kathleen M. McCarthy.
In cases with similar facts, a potential defense would be investigating whether the individual that used the knife was acting in self-defense or in defense of another. Another aspect of the case to be examined in the event that a suspect gave an incriminating statement would be to determine whether the statement was given freely and voluntarily with knowledge of his or her "Miranda Rights."