Six months later, two officers from the Amesbury Police Department responded to a 911 hang-up call from the Carriage Hill Apartments in Amesbury at one o'clock in the morning. After arriving at the central parking lot of the apartment complex, one of the officers could hear the sound of a person crying coming from one of the residential buildings. The officers identified the apartment from which the sound was emanating and entered the common hallway located immediately outside the door of the apartment. From there they heard a woman "crying and yelling," "'please stop' and 'get off of me' repeatedly." In response, one of the officers announced the presence of police and kicked in the apartment door. The door opened onto a struggle between the defendant and the victim on the floor.1 The victim was "on her back facing up crying and yelling and [the defendant] was on top of her like kneeling over her and holding her down with his hand on her chest." The defendant was arrested and charged with two counts of assault and battery on a family or household member and one count of larceny under $250. A notice of probation violation was issued the same day.