Articles Posted in Domestic Violence and Restraining Orders

Learn when Massachusetts courts may admit Adjutant first-aggressor evidence, what notice Rule 14.3 requires, and how the prosecution may respond.

The Massachusetts Appeals Court has vacated a domestic violence conviction because of the prosecutor’s closing argument. In Commonwealth v. Pena, No. 24-P-0970 (Mass. App. Ct. July 24, 2026), the court set aside a Boston Municipal Court jury verdict for assault and battery on a family or household member, holding that a closing argument that vouched…

The Massachusetts Appeals Court has issued an early decision on a 209A restraining order (abuse prevention order) based on coercive control. The Appeals Court applied the coercive control definition that the Legislature added to the abuse prevention statute in 2024. In V.B. v. B.W.R.T., No. 25-P-1086 (Mass. App. Ct. July 24, 2026), the court vacated…

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 This post explains which record systems hold a Massachusetts restraining order, meaning a 209A abuse prevention order or a 258E harassment prevention order. The post also explains who can see the records in each system. Removing an order from the…

Some of the hardest fought Massachusetts domestic violence cases I try are the ones where the accuser never takes the stand. The person who called 911 recants, refuses to appear, or has reconciled and wants the case gone. The Commonwealth does not always drop those cases. It tries to prove them through the recording and…

Since September 18, 2024, a Massachusetts judge can issue a 209A abuse prevention order based on coercive control. This post explains the statutory definition, the three elements, the Appeals Court decisions, and the related criminal charges.

How Massachusetts 209A extension hearings are decided: the plaintiff’s continuing burden, cross-examination, and the digital record. The Woburn result is the latest of many extension denials for this office.

That recording on your phone may be a felony. How Massachusetts courts treat secret recordings and Ring camera audio in domestic violence and 209A cases.

A defendant may decline to testify at a hearing on a Massachusetts 209A restraining order (abuse prevention order) while a related domestic violence charge or investigation is pending. The civil judge may then draw an adverse inference against the defendant. A defendant who testifies usually does far greater damage to the criminal case. Testifying gives…

When both people use force in a Massachusetts domestic violence case, self-defense turns on first aggression, proportionality, retreat, and admissible proof.