According to The Lawrence Eagle Tribune, Dominique Hans from Salem boarded a school bus this past February in an effort to prevent her disabled child from continuing to be hit on the way to school. According to the paper, Hans approached the bus driver in an effort to explain that her child was getting hit by one of the passengers. When the bus driver apparently ignored her, she walked down the aisle and asked the child why she hit her son. It appears that she did not want the boy to sit next to her so she hit him. Hand eventually faced a charge of assault and battery in the Salem District Court.
In Salem District Court both sides offered their version of the events and proposed, what they believed to be, appropriate punishment. The Commonwealth requested that a guilty finding enter and the defendant be placed on eighteen months supervised probation and that she write a letter of apology. The defense proposed that the case be continued without a finding for one year and then dismissed if the defendant successfully completes probation. The defense emphasized the defendant's impressive law abiding background and explained that the defendant was protecting her child from being hit on the bus. Apparently, the concerned mother and defendant feared that if the hitting continued her son could suffer hearing loss. The judge ultimately sided with the defendant and continued the case without finding the defendant guilty and ordered that she apologize to the passenger on the bus.
In order to prove assault and battery in Massachusetts the Commonwealth has to prove beyond a reasonable doubt that the defendant committed an intentional unconsented to touching on another person. If you or a family member has been charged with assault and battery it is important that you have an experiences Massachusetts defense lawyer on your side. Depending on the circumstances of the case a defense of self-defense, defense of another or a claim that the incident just did not happen can be developed and presented at trial.
Often times a criminal charge of domestic assault and battery often accompanies a request by the complainant for a civil 209A restraining order. If you have been served with a 209A restraining order or would like to seek a 209A restraining order against a relative, spouse, roommate or someone with whom you have been involved in a substantial dating relationship with -- it is important that you contact an Massachusetts attorney to make sure that you understand the appropriate standard that has to be met. Although a 209A restraining order is a civil order--it is often recommended that a defense be presented because if the complainant alleges that there is a violation then a criminal charge can issue. The best way to avoid this from happening is to prevent the order from issuing in the first place!