Boston Criminal Defense Lawyer Blog

The Lawrence Eagle Tribune reports that a Haverhill police officer has been charged with assault and battery on his wife stemming from an incident in their Groveland home. Officer David MacKinnon has been placed on paid administrative leave pending the outcome of an investigation into what happened in his home that led to his wife calling the police. The police report indicates that MacKinnon's wife called the police following an argument that led to MacKinnon grabbing her by the neck, pushing her face in a pillow and preventing her from leaving the bathroom.

Now, these are only allegations and we will have to wait and see how this scenario plays out. These situations are often termed as cases of "domestic violence" because the alleged assault was committed on a family member. In the event that the couple reconciles the government cannot force a spouse to testify against his or her spouse because in Massachusetts the "marital privilege" can be asserted. The fact that there was no mention of a 209A restraining order being issued at the complainant's requests bodes well for Officer MacKinnon.

In cases of domestic violence the police usually inform the "victim" that they can apply for a restraining order if he or she claims that he or she is in reasonable apprehension of immediate physical harm. A judge can order that a defendant refrain from abusing the "victim," order a defendant out of the home, order a defendant to stay away from a couples children and order the defendant to stay away from the victim's place of employment. If you have been served with a 209A restraining order or a Harassment order it is important that you have an experienced domestic violence attorney on your side. Although a restraining order is a civil order, an alleged violation can result in criminal charges against a defendant.