Can You Be Charged with Domestic Violence Without Physical Evidence in Massachusetts?
Can You Be Charged with Domestic Violence Without Physical Evidence in Massachusetts?
Many people assume that without visible injuries or proof of violence, a domestic violence charge can’t stand. Unfortunately, that’s not true. In Massachusetts, you can be charged — and even convicted — of domestic violence without physical evidence.
If you’ve been accused of domestic assault or abuse, it’s vital to understand how these cases are handled. Even in the absence of physical proof, prosecutors can move forward based on statements, witness accounts, or circumstantial evidence. That’s why you should contact Attorney Brian D. Roman as soon as possible to protect your rights and begin building your defense.
Understanding How Massachusetts Defines Domestic Violence
Under Massachusetts law, domestic violence — often charged as domestic assault and battery — doesn’t always involve visible injury or physical contact. It can include:
- Threats or attempts to cause harm
- Acts that place someone in fear of imminent physical danger
- Emotional or verbal intimidation within a domestic relationship
This means that you can face charges even if there are no bruises, marks, or physical injuries. Police and prosecutors often err on the side of caution in domestic situations, sometimes making arrests based on a single statement or accusation.
Why Charges Can Be Filed Without Physical Evidence
In Massachusetts, police officers are required to make an arrest if they have probable cause to believe a domestic assault occurred — even if there’s no clear proof. Probable cause can stem from:
- A 911 call or report of an argument
- Statements from the alleged victim or witnesses
- Emotional behavior interpreted as fear
- Inconsistent or misunderstood comments made at the scene
Unfortunately, this can lead to false or exaggerated claims, especially during heated breakups, custody disputes, or arguments that got out of hand.
That’s where Attorney Brian D. Roman can help. He reviews every detail of the case — from police reports to recorded statements — to uncover inconsistencies and challenge weak evidence before it leads to lasting harm.
How Prosecutors Build a Case Without Physical Proof
Even without photographs, medical reports, or physical injuries, prosecutors may try to rely on:
- Witness testimony: Statements from neighbors, children, or family members who claim to have heard or seen something.
- Text messages or voicemails: Messages that could be interpreted as threats, even if taken out of context.
- Emotional distress: An alleged victim’s demeanor or tears may be used as indirect evidence.
But emotional reactions are not the same as proof. Attorney Brian D. Roman understands how easily context can be lost, and he works diligently to ensure the court sees the full story — not just one side of it.
Defending Against a Domestic Violence Charge Without Evidence
When evidence is thin, your defense depends on challenging the credibility of the accusation and how the police handled the investigation. Attorney Brian D. Roman uses strategies such as:
- Highlighting contradictions between statements
- Questioning the credibility or motive of the accuser
- Presenting texts, calls, or witnesses that show a different version of events
- Arguing lack of probable cause for arrest
By carefully dissecting the prosecution’s claims, Attorney Roman works to expose the weaknesses in their case and protect your future.
The Consequences of a Conviction — Even Without Evidence
A conviction for domestic assault in Massachusetts can result in:
- Jail or probation
- Loss of firearm rights
- A permanent criminal record
- Employment and housing challenges
- Damage to your reputation and family relationships
Even if the allegations are based on words rather than actions, the penalties are just as serious. That’s why having a strong defense attorney on your side from day one is essential.
When to Call a Domestic Violence Attorney
If you’ve been accused or arrested — even if you believe there’s no proof — don’t wait to get legal help. The legal process in Massachusetts moves quickly, and early action can make a significant difference in the outcome of your case.
Attorney Brian D. Roman defends clients across North Attleboro, Bristol County, and the Greater Boston area, helping them navigate false or exaggerated accusations and fight for their future.
Contact Brian D. Roman, Attorney at Law
If you’re facing domestic violence charges in Massachusetts — with or without physical evidence — your defense starts now.
Call
508-619-9121 or visit
www.attorneyroman.com to schedule a confidential consultation with
Attorney Brian D. Roman.
He’ll help you understand your rights, evaluate your options, and take the steps needed to protect your freedom and reputation.











