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?

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1 Lawyer Answer
Stephen Neyman
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  • 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.

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