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Can domestic violence be classified as a personal injury case?

Worcester, MA |

My mother's husband of 20 years is elderly and suffers from Dementia. She is now living with a friend because he has become violent, and on two occasions physicall attacked her. She is a senior citizen who is suffering greatly, and is now homeless due to an abusive husband. What can be done to help her? She has been denied a restraining order because of his condition, but I do not feel it is right for someone who is sick to abuse their spouse.

Attorney Answers 5


  1. Any assault & battery whether it's domestic or not and results in injury can be a civil personal injury case


  2. In addition to the good advice you have already received, you should contact Elder Services in Worcester, if you have not already done so. They can be reached at 411 Chandler Street Worcester, MA 01602. Main Phone: 508-756-1545 Toll-Free: 1-800-243-5111. Other good sources of information about protecting elders can be found at Mass Resources, http://www.massresources.org/elderprotectiveservices.html, and Mass Legal Services, http://www.masslegalservices.org. Best of luck in what sounds like a very upsetting and dangerous situation.

    Gary S. Sinclair is an attorney licensed to practice in Massachusetts. All answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.


  3. Get a superior court restraining order


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


  4. If she is homeless due to her husband, you should move her in with you, after all, she brought you into the world and provided for you for the first half of your life. You can get her a divorce attorney to get her support from her husband. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. It's possible that the violence stems from the illness. The fact that the court refused to issue a restraining order because of the illness makes me wonder if he is legally competent or if he's on appropriate medications. An elder law attorney who deals in guardianship issues working in tandem with a geriatric care manager may be very helpful in this situation, as the appropriate course of action is going to depend on the specific facts of the situation.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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