Proven track record of defending domestic cases at trial.
The laws against domestic violence and abuse in Massachusetts are governed by the General Laws, Chapter 209A—a piece of legislation so hostile to the rights of the accused that many attorneys consider it unconstitutional. An individual can lose everything under 209A without ever being convicted of a crime. It is not uncommon for a man to lose his home, the right to see his children, his job and his freedom while he is still presumed innocent. The most commonly charged crimes in the context of domestic violence are: Domestic Assault and Battery, Domestic Assault, Strangulation, Intimidation of a Witness, Restraining Order Violations (Abuse Prevention Order), Vandalism, and Malicious Destruction of Property.
Allegations of domestic abuse are unique in that they are rife with the potential for bias, over-prosecution, and false claims. These charges often emerge in situations where the accuser stands to benefit from collateral effects of the criminal process. Criminal charges can be used to gain leverage in divorce proceedings; they can be used to gain an advantage in child custody disputes; the judge may order that the defendant stay away from his minor children for the pendency of the case; 209A can even be used to evict an individual from his own home based on nothing more than a brief, uncorroborated statement in an affidavit. For these reasons, it is particularly important to retain the best possible attorney you can when facing a domestic charge.
The law of domestic abuse in Massachusetts is not an area where justice will emerge on its own absent zealous representation. In practice, courts are heavily influenced by mainstream politics and gender bias. Having an attorney with a background and expertise in this practice area is invaluable to protecting your liberty, property, and familial ties—all of which can be taken by the court in the pretrial phase. It is important to hire an attorney who will fight for you based on a genuine belief in the principles of fairness and due process.
Attorney Winn understands the life-altering nature of these cases and fights tirelessly for clients facing domestic complaints. He has an outstanding record of defending client’s charged under 209A in the courtroom. Attorney Winn has won numerous acquittals by jury for client’s charged with domestic assault and domestic assault and battery. Attorney Winn has also defeated numerous complaints charging violation of restraining orders and has even defeated the issuance of abuse prevention orders under 209A at the civil hearings. He approaches each case with empathy, consummate knowledge of the law, and an assertiveness that is critical in litigating accusations of domestic abuse.
Experienced District Court, Superior Court and Administrative legal defense against sex crimes.
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