Massachusetts Criminal Defense Attorney Blog
According to The Lawrence Eagle Tribune, the police responded to Woodland Avenue in Salem Massachusetts on a report of a domestic dispute. According to the paper, Jake Wells, 32 years old called the police and reported that his father, John Wells, threatened him with a chain saw. When the police arrived they saw the elder Wells on the front porch holding a chain saw that was running. John Wells initially refused to drop the “weapon” however, eventually succumbed and was placed in custody. The paper also reports that the son went after the police and was also arrested. The elder is free on bail and junior will be summonsed to the District Court.
Based on these facts it appears that the John Wells will likely face charges of assault by means of a dangerous weapon, assault and battery on a police officer and resisting arrest. His son will likely face assault and battery on a police officer and resisting arrest. As in most cases where the police respond to a home on a report of “domestic violence,” it is also likely that the parties will be informed of their rights to apply for a restraining order.
The authority for the issuance of restraining orders is derived from M.G.L. ch. 209A §3. Not just anyone can apply to the District Court for a restraining order to issue. The parties must be a “family” or “household member” and the applicant must feel that he or she is abused. Family or household members are people who are or were married to one another, people who are or were residing in the same household, are or were related by blood or marriage, have a child together or who are or were in a substantive dating or engagement relationship. “Abuse” has been defined as attempting to cause or causing physical harm, placing another in fear of imminent serious physical harm and causing someone to engage in sexual relations involuntarily by force, threat or duress.
If you have been the recipient of a restraining order or believe that you will be contact Our Attorney so that she can ensure that your rights are protected. Although a restraining order is a civil order, a violation of a restraining order in Massachusetts is a criminal offense. Our Attorney appears in local Massachusetts District Courts including Peabody, Lowell, Lawrence and Newburyport protecting the rights of defendants. Contact Our Attorney and she will get to work on your case.