Acton, MA asked in Criminal Law for Massachusetts

Q: I am charged with DV assault. Only thing is I made the 911 call to leave the house so it would not happen.

She flipped out when i got home hd my suit case already to start packing. I sat there and watched her freak out throwing my stuff around, I made the 911 call saying what she was doing and i need help. She ran out the door told the cops i hit her. In the police report says one story in her affidavit the next day it is a totally different story every detail different. I lost my job, have been out of work for 2 months waiting for court dates!! what will happen in court to her when they realize she is lying? will the restraining order be dropped after so i can get my job back? should i tke her to court after for all the damages she has caused me?

Related Topics:
1 Lawyer Answer
Stephen Neyman
PREMIUM
Stephen Neyman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • North Andover, MA
  • Licensed in Massachusetts

A: You making 911 call might work to your benefit. The audio might have her rant recorded and she might be recorded saying things that counter her complaint that you hit her. Having a subsequent affidavit inconsistent with her report to the police should also help your case. As to getting your job back, you need to contact an employment lawyer. The restraining order will not be dropped simply because of her inconsistencies. However, this can give you grounds to go back into court and move to get the restraining order vacated.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.