In Massachusetts, domestic violence is a crime that includes not only physical harm but also attempts to cause physical harm, triggering fear of imminent serious physical harm or involuntary sexual relations between family or household members. Family and household members include people who are married, are living together, are related by blood or marriage, have children together, or are dating or have dated. In August 2014, Massachusetts Governor Patrick signed a new emergency law known as "Act Relative to Domestic Violence," which changes the arraignment, bail, detention, and criminal penalties in domestic violence cases. The impact on arraignment is especially significant.
Generally in Massachusetts, a defendant is entitled to a prompt arraignment under Mass. R. Crim. P. 7(a)(1) and a 1996 case known as Commonwealth v. Rosario. Under the former, an arrested defendant is to be brought for arraignment before the court if it is in session already, but if it is not, the defendant is to be brought for arraignment at the next session. Any defendant who receives a summons or has been arrested but is released will be ordered to appear before the court on a certain date.
However, under the new law, if you are charged with a crime involving domestic abuse or strangulation, you are prevented from being released within six hours of being arrested, unless the judge sets bail in open court. The six-hour period is considered a "cooling off" period during which the situation can be de-escalated and the victim gets time to look for safety.
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