A large number of criminal complaints in district court stem from people calling the cops on family members. One spouse might call on the other during a heated argument. Parents may call on an adult child whose substance abuse or mental illness causes alarm. Whatever the circumstances, the reporting party often regrets calling the police.
For some reason, the reporting party is often stunned when the police arrive (occasionally make matters worse through provocation) and arrest the spouse or child. As criminal proceedings drag on month after month, the person who initially dialed 911 pleads with the prosecutor to dismiss the case. Sometimes the prosecutor agrees to drop the charges, but frequently he doesn’t.
It’s important, therefore, that you think for a moment before calling the cops on your spouse or child. If you are in imminent danger, call for help. If, however, there is no immediate risk to you or the community, you’re often better off handling the matter through civil proceedings.
When a spouse or a child threatens you, immediately petition the court for a restraining order. If your child has a severe substance abuse problem, file a petition for civil commit to a stabilization facility under M.G.L. c. 123, § 35. For family members suffering from acute mental illness, seek to have them hospitalized for psychiatric treatment pursuant to M.G.L. c. 123, § 12.
All of these options drastically limit the involvement of police and prosecutors, and give you much more discretion on how your spouse or child is treated.
Law Office of Justin R. McCarthy 