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Charges of Domestic Assault and Battery do Not Issue After Clerk Magistrate Hearing
On May 4, 2026 police were called by a woman about a domestic assault and battery committed by her husband. She reported that about 7 hours earlier her husband returned home from an event extremely intoxicated. The couple began arguing about citizenship issues. She claimed that our client pushed her in the chest several times, causing her physical harm. The police could not locate the husband at that time. Rather than attempt to arrest the man, the police summonsed him to the courthouse for a clerk magistrate hearing alleging domestic assault and battery in violation of G.L. c. 265 section 13M. The clerk magistrate agreed with our argument that the allegation was dubious and that the complaint should not issue. Had this complaint been issued our client’s efforts toward obtaining his citizenship would have been damaged.
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