Facing Domestic Violence Charges in Boston?
Being accused of domestic violence in Massachusetts can trigger immediate and life-changing consequences. You may be arrested, removed from your home, ordered to stay away from the alleged victim, served with a 209A restraining order, required to surrender firearms, and forced to appear in court quickly. These consequences can begin before there has been a trial and before your side of the story has been fully heard.
If you are under investigation or have been charged, it is important to speak with an experienced Boston domestic violence defense lawyer as soon as possible. Domestic-related criminal cases are often prosecuted aggressively, and early decisions can affect your freedom, your record, your family, and your future.
At The Law Offices of Elliot Savitz & Scott Bradley, we defend individuals accused of domestic violence, assault and battery, restraining order violations, and related criminal charges throughout Boston, Suffolk County, and surrounding Massachusetts courts.
What Is Considered Domestic Violence in Massachusetts?
In Massachusetts, “domestic violence” is often used to describe a category of criminal cases involving people who have a family, household, dating, or intimate relationship. The specific criminal charge may vary depending on the allegations.
One common charge is assault or assault and battery on a family or household member under Massachusetts General Laws Chapter 265, Section 13M. Under that statute, a family or household member may include someone who:
- Is or was married to the accused person;
- Has a child in common with the accused person; or
- Is or was in a substantive dating or engagement relationship with the accused person.
Other domestic-related cases may involve broader family or household relationships depending on the charge or whether a 209A abuse prevention order is involved.
Common domestic violence-related charges include:
- Assault & Battery on a family or household member;
- Assault with a dangerous weapon;
- Strangulation or suffocation;
- Criminal harassment;
- Threats;
- Witness intimidation;
- Malicious destruction of property; and
- Violation of a 209A restraining order.
Because these cases often involve personal relationships, emotional allegations, and fast-moving court orders, prosecutors may pursue them even when the alleged victim later says they do not want the case to continue.
What Happens After a Domestic Violence Arrest in Boston?
Domestic violence cases can move quickly. After an arrest, you may be booked, held until court, and brought before a judge for arraignment, often on the next court day. At arraignment, the court may address bail, conditions of release, no-contact orders, stay-away orders, firearm restrictions, and future court dates.
Depending on the allegations, you may face:
- Immediate arrest and booking;
- Arraignment in District Court or Boston Municipal Court;
- A request for bail or release conditions;
- A no-contact order with the alleged victim;
- A stay-away order from a home, workplace, or school;
- A separate 209A abuse prevention order;
- Firearm surrender requirements;
- Probation conditions; and
- Possible jail exposure if convicted.
For a first offense of assault or assault and battery on a family or household member, Massachusetts law allows punishment of up to 2.5 years in a house of correction, a fine of up to $5,000, or both. A second or subsequent offense can carry even more serious penalties.
The first court appearance matters. What you say, whether you contact the alleged victim, and how quickly you involve a lawyer can affect the direction of the case.
What Is a 209A Restraining Order?
A 209A restraining order, also called an abuse prevention order, is a civil protection order that may be issued in domestic abuse situations. A 209A order can require a person to stay away from the plaintiff, stop contacting the plaintiff, leave a shared residence, surrender firearms, and follow other restrictions ordered by the court.
A 209A order may be issued temporarily and, in some cases, without the defendant present at the first hearing. If you are served with a restraining order, you must follow it exactly unless and until a court changes or terminates it.
A restraining order may:
- Prohibit direct or indirect contact with the protected person;
- Order you to leave or stay away from a home;
- Restrict access to certain locations;
- Limit contact involving children, depending on the order;
- Require surrender of firearms, ammunition, and licenses; and
- Create serious consequences if violated.
Violating a restraining order is a separate criminal offense. Even if the protected person contacts you first, you may still be charged if you respond in violation of the order.
What If the Alleged Victim Wants the Charges Dropped?
Many people believe that a domestic violence case will automatically disappear if the alleged victim does not want to move forward. That is not how criminal cases work in Massachusetts.
Once charges are filed, the case is prosecuted by the Commonwealth. The alleged victim does not personally control whether the case is dismissed. Prosecutors may attempt to proceed using police reports, 911 recordings, body camera footage, photographs, medical records, witness statements, prior statements, or other evidence.
This does not mean the case cannot be defended. It means you should not assume the charge will go away on its own. If the alleged victim does not want to press charges or does not appear in court, that may affect the prosecution’s case, but it does not automatically end the case.
For more information, read: What Happens If the Alleged Victim Doesn’t Want to Press Charges?
Can You Go to Jail for a First-Time Domestic Violence Charge?
Yes. Even a first-time domestic violence-related charge can carry possible jail time, depending on the facts and the specific offense. For example, assault or assault and battery on a family or household member may carry up to 2.5 years in a house of correction and/or a fine of up to $5,000.
A first offense may also result in:
- Probation;
- No-contact conditions;
- Stay-away orders;
- Certified batterer’s intervention program requirements;
- Firearm restrictions;
- Restitution, if applicable;
- A criminal record if convicted; and
- Collateral consequences involving employment, housing, immigration, professional licensing, or custody issues.
In some cases, a defense attorney may be able to pursue dismissal, reduction of the charge, pretrial probation, a continuance without a finding, or another outcome designed to avoid a conviction. The available options depend on the charge, evidence, prior record, alleged injuries, and court history.
For related information, see: Will I Go to Jail for a First Offense in Massachusetts?
How We Defend Domestic Violence Charges
Domestic violence cases are often emotionally charged and factually complicated. A police report may only tell one side of the story. Some cases involve self-defense, mutual arguments, unclear injuries, inconsistent statements, custody disputes, divorce conflict, alcohol use, or allegations that were exaggerated or misunderstood.
A defense strategy may include:
- Reviewing police reports and witness statements;
- Examining 911 recordings and body camera footage;
- Analyzing photographs, medical records, and injury claims;
- Identifying inconsistencies in the alleged victim’s statements;
- Evaluating whether the Commonwealth can prove the relationship element;
- Determining whether the alleged conduct meets the legal definition of the charged offense;
- Presenting evidence of self-defense or defense of another person;
- Challenging unreliable or unlawfully obtained evidence;
- Negotiating for dismissal, reduction, or alternative resolution where appropriate; and
- Preparing for trial when the Commonwealth cannot prove the case.
As experienced Boston domestic violence defense attorneys, we understand that these cases are rarely as simple as the first allegation may suggest. Early review of the evidence can make a significant difference.
The Immediate Consequences You May Not Expect
A domestic violence accusation can affect more than the criminal case itself. Even before trial, you may face conditions that disrupt your family, home, work, and daily life.
Domestic violence allegations may affect:
- Where you are allowed to live;
- Whether you can contact a spouse, partner, or family member;
- Child custody and parenting arrangements;
- Divorce or Probate and Family Court proceedings;
- Employment and professional licenses;
- Immigration status;
- Firearm ownership and licensing;
- Security clearances; and
- Your long-term criminal record.
Because the consequences can begin immediately, you should avoid discussing the case with police, the alleged victim, friends, or online audiences before speaking with a lawyer.
Frequently Asked Questions About Domestic Violence Charges in Boston
Can I contact the alleged victim if they reach out to me?
No, not if there is a no-contact order or restraining order in place. Even if the alleged victim contacts you first, you may be the person charged if you respond in violation of the order.
Will the charges be dismissed if the alleged victim does not appear in court?
Not automatically. Prosecutors may try to proceed with other evidence, including prior statements, police observations, recordings, photographs, or witness testimony. Whether the case can continue depends on the available evidence and legal issues involved.
What if the allegations are false?
False or exaggerated allegations can happen, especially during breakups, custody disputes, divorce conflict, or heated arguments. A defense attorney can investigate credibility issues, contradictory evidence, motive, timelines, digital records, and witness statements.
Will I lose my gun license?
A domestic violence charge or 209A restraining order may require firearm surrender and can affect firearm licensing. If the court issues a qualifying order requiring surrender, you must comply with that order. Firearm-related consequences should be reviewed immediately with a lawyer.
Should I talk to the police if I am innocent?
You should speak with a lawyer before making any statement to police. Even truthful statements can be misunderstood, taken out of context, or used against you. Read more here: Should I Talk to the Police If I’m Innocent?
Speak With a Boston Domestic Violence Defense Lawyer Today
Domestic violence charges in Massachusetts move quickly, and the consequences can begin immediately. From the moment of arrest, prosecutors may begin building their case. Protective orders can remove you from your home, bail conditions may restrict contact with family members, and firearm issues may arise quickly.
Do not speak to police without legal advice. Do not contact the alleged victim if a no-contact order or restraining order is in place. Do not assume the case will resolve itself because the alleged victim does not want to move forward.
At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients accused of domestic violence in Boston, Suffolk County, and throughout surrounding Massachusetts courts. We know how these cases are prosecuted and how to challenge weak evidence, expose inconsistencies, and protect your future.
Early intervention can make the difference between a dismissal, a reduced charge, or a conviction that follows you for years.
If you are facing domestic violence allegations, contact us today for a confidential consultation and strategic guidance tailored to your situation.
