Bronx, NY asked in Criminal Law for Massachusetts

Q: How do you defend against false assault charges? My wife is making things up and the judge is going along with it!

i.e. She says we could not buy fireworks once and I leapt at her and punched her in the face. I have no police records at all, not even speeding. She has no medical records. My kids (all of them!) could testify that this is false and that I have nowhere near that kind of temperament. She has a restraining order and she didn't even put this there! What better to put on a restraining order than someone punching you in the face? Yet the order was continued for six months. How do you defend against that? She can make up anything she wants and the judge goes along with it. She even implied my twenty three year old was present (asking her if she remembers it) and my 23 year old said it never happened. Yet... where we are, 6 more months to go. Help?

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1 Lawyer Answer
Ismail Mohammed
Ismail Mohammed PRO label
  • Criminal Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Hello,

I'm sorry to hear about the restraining order issue. At this point, you can ask the judge to terminate or modify the order. If you have an adult child, as you do, it is best to see if he/she is willing to testify. It's important to have an attorney present to advocate on your behalf. I wish you all the best.

Ismail Mohammed

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