Articles Posted in Domestic Violence and Restraining Orders

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense An alleged victim changes their account in a large share of Massachusetts domestic violence prosecutions. Days or weeks after the arrest, the complainant tells someone, the prosecutor, a victim-witness advocate, defense counsel, or the defendant’s family, that the police report…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Two separate Massachusetts proceedings use the word “harassment” to describe the conduct they reach. The 258E civil harassment prevention order under M.G.L. c. 258E is one, and the criminal harassment charge under M.G.L. c. 265, § 43A is the other.…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A Massachusetts domestic violence arrest follows a sequence set by statute and refined by police and prosecutor policy over the past two decades. The sequence is predictable. How a case resolves favorably depends on the specific charges, the evidence, and…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A significant evidentiary question in Massachusetts domestic violence cases frequently arises not from what happened during the incident but from what happens at trial when the complainant does not appear. When the complainant invokes the marital privilege, recants, declines to…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense June 2026 For years, Massachusetts was one of the last states in the country without a specific criminal statute prohibiting the nonconsensual sharing of intimate images. Victims had only limited options. They could fund a civil lawsuit themselves, they could…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense June 2026 A social media follower who comments on a public figure’s posts. A fan who approaches a television personality at a road race and asks for a photograph. A person who emails a professional team requesting to attend an…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A Massachusetts protective order is a civil order, but violating one is a crime. Under M.G.L. c. 209A, § 7 and M.G.L. c. 258E, § 9, a violation becomes a criminal offense only if the Commonwealth proves every element beyond…