The name of the case is On August 28, 2014, the defendant and his girlfriend were involved in an altercation in the defendant’s car.
An independent witness confronted them and the defendant quickly drove away from the scene.
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The girlfriend testified at the trial that she and the defendant had known each other for several months before the fight and over time had started to date one another.
The defendant was ultimately charged with assault and battery on a household member and convicted by a Marlborough District Court jury.
The defendant’s primary appellate argument was that the Commonwealth had not proven beyond a reasonable doubt that his girlfriend qualified as a “family or household member.” The statute defines family or household member as: (1) a spouse or ex-spouse; (2) someone who is a co-parent of a child; or (3) someone who had been involved with the defendant in a substantive dating or engagement relationship.
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