Articles Posted in Domestic Violence and Restraining Orders

State and Federal Records of Massachusetts 209A and 258E Restraining Orders
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 This post maps which record systems hold a Massachusetts restraining order and who can see each one. Removing an order from the registry is covered on the expungement page. Massachusetts statutes require the court, upon a vacatur (dismissal, termination or…

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Domestic Violence Allegations in Massachusetts Divorce and Custody Disputes: Motive to Fabricate as a Defense
Attorney Joe Serpa

Updated August 2026 When a Domestic Violence Allegation Arises During a Family-Court Dispute A domestic violence allegation made during a divorce or custody dispute may affect several proceedings at once. It can produce a criminal charge, a 209A abuse prevention order, a Department of Children and Families investigation, and immediate consequences in the Probate and…

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Firearms After a Massachusetts Domestic Violence Charge or 209A Order: The Law in 2026
Attorney Joe Serpa

Updated August 2026 A Massachusetts domestic violence case can affect firearms before the criminal charge is resolved. The precise consequence depends on what has occurred: an arrest, a temporary protective order, a continued order after notice, a licensing decision, or a criminal disposition. Those events are governed by different state and federal laws. A domestic…

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Recantation in a Massachusetts Domestic Violence Case: Why the Case Does Not End When the Complainant Says It Did Not Happen
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 Recantation is common in Massachusetts domestic violence cases. Days or weeks after an arrest, a complainant may say that the police report is inaccurate, that the incident was exaggerated in the moment, or that they no longer want to participate.…

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First Amendment Limits in Massachusetts Criminal Harassment and 258E Cases
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 Massachusetts uses the word “harassment” in several distinct laws. Criminal harassment under M.G.L. c. 265, § 43A is a criminal charge. A 258E harassment prevention order is a civil remedy. Under the three-act ground in Chapter 258E, the plaintiff must…

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How Massachusetts Domestic Violence Charges Are Prosecuted and Resolved
Attorney Joe Serpa

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 Updated August 2026 A Massachusetts domestic violence case begins with a criminal allegation, but it may quickly involve bail conditions, a 209A abuse prevention proceeding, firearm restrictions, and employment or immigration concerns. Each part has a different legal standard and…

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Greater Boston Criminal Law Alerts

The Lindsay Clancy Trial: A Cruel and Tone Deaf Prosecution

A prosecutor decides not only what to prove but how to speak about the person sitting at the defense table. In the trial of Lindsay Clancy, the Commonwealth told the jury in its opening statement and again in closing that she was a murderer who coldly wanted to see her own children dead. It called…

The Lindsay Clancy Jury Dispute: When Massachusetts Law Permits Removal of a Deliberating Juror

Massachusetts law does not permit a trial judge to remove a deliberating juror merely because the other eleven jurors believe that person is wrong. Once deliberations begin, the judge may discharge a juror only after a hearing establishes an emergency, another compelling reason, or a demonstrated inability to perform the duties of a juror. Disagreement…

Filming Jurors in the Lindsay Clancy Trial and Massachusetts Witness Intimidation Law

An arrest after the alleged filming of jurors in the Lindsay Clancy trial raises separate questions under the witness-intimidation, evidence-tampering, contempt, and wiretap laws. This analysis applies each rule without presuming the allegations are true.