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The maximum penalty for a Domestic Assault and Battery is 2 ½ years in a county house of correction (HOC) or a fine of $1,000.

If you are found guilty of Domestic Assault and Battery, you may be required to attend a certified batterer’s program for perpetrators of domestic violence. These courses typically last for 40 weeks, and you have to prove to the probation officer that you have completed the program. If you fail to attend the course, then the court can reinstate any jail sentence that may have been imposed and suspended, or if you have been sentenced to straight probation, then the maximum penalty.

In order to prove that the Defendant is guilty of having committed a Domestic Assault & Battery, the prosecutor must prove 4 things beyond a reasonable doubt:

1. The Defendant touched the alleged victim, however slightly, without having any right or excuse for doing so,
2. The Defendant intended to touch the alleged victim,
3. The touching was either likely to cause bodily harm to the alleged victim or was done without his/her consent, and
4. The Defendant and the alleged victim are or were married to one another, are or were residing together in the same household, are or were related by blood or marriage, have a child in common (regardless of whether they have ever married or lived together), or are or have been in a substantive dating or engagement relationship.