Articles Posted in Domestic Violence and Restraining Orders

State and Federal Records of Massachusetts 209A and 258E Restraining Orders
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Massachusetts statutes require the court, upon a vacatur (dismissal, termination or non-extension) of a restraining order in Massachusetts to notify the appropriate law-enforcement agency and direct that agency to destroy “all records” of the vacated order. The relevant law enforcement…

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The Records a Dismissed Domestic Violence Case Leaves Behind in Massachusetts
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A dismissal is usually treated as a win, and in most respects it is: no conviction, no sentence, no admission. But in a Massachusetts domestic violence case, a dismissal is not the same as an acquittal, and the difference is…

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A Vacated Massachusetts Restraining Order Is Not an Erased One: 209A and 258E Expungement, the Registry, and the Fraud on the Court Standard
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Defendants who defeat a restraining order often assume the record ended with the order. It did not, because every Massachusetts abuse prevention order under G.L. c. 209A and every harassment prevention order under G.L. c. 258E is recorded in the…

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AI Deepfakes in Massachusetts Schools: The April 2026 DESE Guidance and a Student’s Criminal Exposure
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense On April 15, 2026, the Department of Elementary and Secondary Education issued guidance directing Massachusetts schools to respond to AI-generated deepfake images and videos of students. The guidance arrived against a criminal framework the Legislature completed in 2024: St. 2024,…

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

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Updated July 2026 Most domestic violence complaints in Massachusetts are real, and I treat them that way. A smaller and very particular category is different. It appears when a marriage is ending, when custody is contested, and when a criminal…

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Self-Defense and Mutual Combat in Massachusetts Domestic Violence Prosecutions
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Massachusetts police responding to a domestic call operate under a preferred-arrest policy and must decide in minutes, at a chaotic scene, usually from two conflicting accounts and whatever is visible, a red mark, a torn shirt, who is crying, who…

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

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense For a Massachusetts gun owner, a domestic violence arrest or a 209A order is a firearms case from the first hour, whatever else it is. The consequences arrive in layers, state licensing law, state surrender orders, and federal prohibitions, and…

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Greater Boston Criminal Law Alerts

A Practitioner’s Guide to Correcting a Massachusetts Criminal Sentence: Rule 29, Rule 30(a), and the Limits of Finality

A Massachusetts criminal sentence is not as final as it looks on the day it is imposed, and not as open to revision as clients hope. Three instruments govern what can change afterward: Mass. R. Crim. P. 29, which permits revision or revocation of a disposition within a sixty-day limit; Mass. R. Crim. P. 30(a),…

A Practitioner’s Guide to Sentencing in the Massachusetts District Court and Boston Municipal Court

Most criminal cases in Massachusetts are resolved in the District Court and the Boston Municipal Court, and most of them end at a disposition rather than a verdict. The hearing is often short, the session is busy, and choices with years of consequences are made in minutes. This guide is written for defense lawyers. It…

The Hardship License After a Massachusetts OUI

A Massachusetts OUI suspension rarely has to mean the loss of a job. The statutes allow a hardship license, limited to an identical 12 hour period each day, for most drivers who resolve their cases, and the timing depends entirely on how the suspension arose. This page sets out the rules the statutes fix and…