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assault/battery 2 criminal cases

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Soloflyer

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? MA

I was physically attacked by my ex-boyfriend and called the police. They have a recording of my voice saying "get out of my house..." He knew (and admits knowing) that I called the police - but took off. I didn't tell the police the whole story that night as I was scared. The police pressed charges for A&B. I filed for a restraining order and it was granted. At the hearing for the restraining order, he was present and when the judge asked to explain, he never said anything about being "the victim." The judge asked him point blank if he grabbed me -- but he would not answer directly (he didn't admit or deny) - he sidestepped the question by saying that I wouldn't give him his pants. The judge extended the order right after that statement.

He was arraigned and has chosen a jury trial. Twelve days after the attack he filed a false complaint against me for A&B for the same night I called the police. He also attempted to get a restraining order on me but he was denied.

The same day I was attacked (but before the attack) I had pre-operative testing done (bloodwork, urinalysis etc) as I was about to have major surgery. All tests results were normal. 5 days after the attack I went to the doctor and had alot of blood in my urine and an urinary infection. I've been in therapy with a psychologist since the attack, been put on meds for post-traumatic stress disorder, depression and anxiety. My son and I are scared - have nightmares etc...
There are 2 cases:

1st one I am the witness for the state vs. ex-boyfriend and the 2nd I am the defendant against his false charge.

Ok - I have a few specific questions:
1. Is a restraining order hearing recorded in anyway -- taped?
2. If so, can that be admissible in my criminal case as defense (why didn't he claim to be the "victim" then??)
3. Is it advisable to get my medical records from before and after being attacked? (test results went from being normal to then having large quantities of blood in my urine) Will they consider that?
4. Should I get documentation from my psychologist with her diagnosis of PTSD etc...?
5. Should I get any character reference letters (from employers past/present or other people) Anyone who knows me knows that I am NOT a violent person.
6. Is it likely that the DA/judge/jury be able to see thru his false accusation as an attempt to get me to not appear as a witness for the state? (I guess it's a common ploy)
7. The case where he is the defendant on first. If he is found guilty, will the case against me be dropped/dismissed?
8. Does the fact that the police filed the charge against him carry more weight than a "civilian complaint?"

I want justice - nothing more. I was the victim and NOT the attacker and I want to prove this in court.

Any answers/advise would be greatly appreciated.
 


king sol

Member
You can get a copy of the transcripts taken by the court reporter at the restraining order hearing.

The case could quite possibly be dropped, have you spoken to a lawyer or the public defender yet?
 

Soloflyer

Junior Member
I have a defense lawyer who states he is very confident that I will be found not guilty.

I have not yet spoken with the ADA, only a victim/witness advocate. (regarding being a witness for the state) I have no idea what info would be helpful for them.

All of this is overwhelming and expensive -- but very important to me to be found not guilty.

I hope that justice is done....
 

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