Domestic Violence

Written and Legally Reviewed by Attorney Joe Serpa Lead Trial Counsel | 30+ Years Experience in MA Criminal Courts | Last Updated: March 2026

Boston Domestic Violence Defense Attorney | Massachusetts Criminal Defense and 209A Restraining Orders

A Lawyer with Expertise, Resolve and Sensitivity

Boston’s Serpa Law Office has deep experience in defending crimes of domestic violence cases in Massachusetts. A skilled criminal defense attorney is critical to work through the unique rules and polices at work in Massachusetts domestic violence allegations. These cases often allege assault and battery on a family or household member, strangulation, intimidation of a witness, 209A restraining order violations and other offenses. These cases also often occur with related Massachusetts restraining orders (“209A abuse prevention orders”). Serpa Law Office has equally deep experience in representing plaintiffs in 209A restraining orders seeking protection from abuse.

We discuss common Massachusetts domestic violence crimes here.

Charged with Assault & Battery on a Family Member in MA? What to Do Next

Facing a domestic violence charge or a 209A restraining order in Massachusetts can be disorienting. The stakes are high, and the legal system moves quickly as you attempt to understand your future and the future of your family or relationships.

Boston’s Serpa Law Office has a deep record of defending against domestic violence allegations in Massachusetts using a unique approach brought on by years of representing clients in these heartbreaking cases. A skilled and tenacious criminal defense attorney is critical when navigating the unique, rigid rules and policies that govern these specific cases while also working to preserve your future and the future of your family. Attorney Joe Serpa has extensive background defending clients against charges of assault and battery on a family or household member, strangulation, intimidation of a witness, 209A restraining order violations, and related offenses. Because these criminal cases frequently coincide with civil matters, our firm also has deep experience representing plaintiffs and defendants in 209A abuse prevention order hearings.

Massachusetts Domestic Violence Law

Massachusetts has some of the nation’s strictest laws regarding domestic violence, carrying severe penalties and inflexible police and prosecution tactics. We understand that domestic abuse allegations create a tragic and confusing environment for everyone involved. Families can be shattered, reputations ruined, and individuals left emotionally and financially devastated.

As an experienced Boston criminal defense law firm, our priority is to explore every possible avenue to resolve your case without a conviction. Often, spouses, partners, or loved ones are willing to move forward in the interest of avoiding painful, drawn-out court hearings. However, the state often pursues these charges regardless of the alleged victim’s wishes. A knowledgeable defense lawyer is essential to navigate the complex rules of procedure and evidence, ensuring that these sensitive cases are handled with the utmost discretion and strategic aggression.

Understanding Unique Massachusetts Domestic Violence Court Rules

Massachusetts courts treat domestic violence crimes differently from all other offenses—from the moment the police are called to the final disposition of the case. While all Massachusetts criminal cases begin at arraignment and end at dismissal, a plea, or a trial, the unique rules for domestic violence drastically change how a defendant is treated before they even see a judge.

If you are accused of a domestic violence offense, you will face immediate hurdles:

• The 6-Hour Statutory “Cooling Off” Period: Under Massachusetts domestic violence law, if you are arrested, you cannot be released on bail from the police station for at least six hours. People arrested for non-domestic crimes do not face this mandatory waiting period.
• Delayed Arraignments: You must wait a minimum of six hours in police custody before you are allowed to be arraigned (enter a not guilty plea) in front of a judge.
• Held Without Bail (Dangerousness Hearings): Prosecutors frequently request “dangerousness hearings” (Section 58A hearings). If a judge preliminarily finds you to be a danger to the alleged victim or the community, you can be held in jail without bail for up to 120 days (4 months) while your case is pending. If you were charged while having another criminal case open, you can be held for 90 days.
• Lower Evidentiary Standards: During a dangerousness hearing, your rights are significantly restricted compared to a trial. The judge is required to allow the prosecution to use hearsay (second-hand) evidence against you. Furthermore, you cannot require a family member or alleged victim to appear and testify without first obtaining special permission from the court to issue a summons.

How We Defend Domestic Violence Charges in Massachusetts

Defending a domestic violence prosecution in Massachusetts is a high-stakes endeavor. Abuse within families is a grave issue, and district attorneys are under intense political and public pressure to prosecute these cases aggressively. In fact, all Massachusetts District Attorney’s Offices have strict internal policies against voluntarily dismissing domestic violence charges.

Despite these hurdles, dismissals and acquittals are achievable with an experienced domestic violence defense attorney. We strike the difficult balance of defending you effectively and aggressively while maintaining due respect for the sensitivity of the situation.

Our defense strategies often include:

1. Negotiating Strategic Dismissals

Even when prosecutors refuse to drop a case early on, dismissals occur most frequently on the scheduled trial date, right before a jury is empaneled. We work relentlessly with the district attorney’s office and, when appropriate and legal, the involved parties, to negotiate a dismissal that protects your criminal record.

2. Asserting Marital and Fifth Amendment Privileges

In many instances, the prosecution’s case relies entirely on a spouse or partner. Under Massachusetts law (M.G.L. Ch. 233 §20), spouses generally cannot be forced to testify against one another if they invoke their “marital privilege.” Additionally, if a witness may have committed an offense themselves during the incident (such as striking back), they can invoke their Fifth Amendment right against self-incrimination and refuse to testify.

3. Fighting “Victimless” Prosecutions and Hearsay

Even if an alleged victim chooses not to testify or does not appear in court, prosecutors will frequently try to prove their case using limited exceptions to the hearsay rule. They may attempt to use recordings of 911 calls, police testimony regarding “excited utterances,” or transcripts of prior grand jury testimony. Preventing these “evidence-only” trials from moving forward requires a lawyer with a master-level understanding of hearsay rules and your constitutional right to confront the witnesses against you. We have successfully argued motions to exclude this evidence, resulting in trial dismissals.

4. Securing Not Guilty Verdicts at Trial

Sometimes, taking a case to a jury is the only way to clear your name. Serpa Law Office has successfully tried numerous cases, securing acquittals in matters involving domestic abuse, sexual assault, and 209A restraining order violations.

Protect Your Future with an Experienced Boston Criminal Lawyer

If you have been accused of a domestic violence offense or are facing a 209A restraining order, do not attempt to navigate the Massachusetts criminal justice system alone. Our Boston criminal defense team is here to help you get your case dismissed or acquitted so you can move forward with your life.

Massachusetts has some of the nation’s strictest laws about domestic violence, including strict penalties and rigid rules of procedure. Domestic violence and domestic abuse create a tragic situation for everyone involved. Families can be shattered and children and spouses can be hurt emotionally. We are Boston criminal defense law firm experienced in exploring every possible avenue to end your case without a conviction, including negotiating dismissal of criminal cases with the district attorney’s offices and spouses or partners. Often, loved ones are willing to move on in the interest of avoiding more painful court hearings and trial. A knowledgeable defense lawyer will navigate the rules of procedure and evidence to ensure that these painful criminal cases are handled with the proper sensitivity.

Massachusetts courts treat domestic violence crimes differently from the beginning of the case to the end. Like all Massachusetts criminal cases, cases alleging domestic violence begin at arraignment, and end at dismissal, a plea (CWOF or guilty) or a trial by jury or, if the defendant chooses, a trial by a judge.

However, the unique importance of these cases creates unique Massachusetts criminal court rules and practices.

Bail and Pretrial Release: Massachusetts’ domestic violence law prevents a person arrested for domestic violence from being released on bail from the police station until six hours after they are arrested. People arrested for non-domestic crimes have no waiting period. The law also requires that a person arrested for a domestic violence offense wait six hours in custody before being arraigned (entering a not guilty plea) in front of a judge. This is a statutory “cooling off” period to prevent further violence in the heat of the moment.

Being Held Without Bail: Massachusetts’ domestic violence law also allows judges to hold people charged with domestic violence to be held in jail without bail while their cases are pending for four months (120 days) if they are found preliminarily to be “dangerous.” The law also allows a judge to hold a person charged with domestic violence to be held for 90 days if that person was charged with domestic violence while they had another criminal case pending against them. These periods are longer than the 60-day detention period for non domestic violence charges.

A judge must hold a hearing before ordering a person arrest for domestic violence to be held without bail as a “dangerous” person. In cases of domestic violence, the accused has far fewer rights in defending him or herself in these hearings. The hearing is a perfunctory pretrial hearing. First, a judge is required to allow the prosecution to prove “dangerousness” using hearsay (second-hand) evidence at this preliminary hearing. Second, the accused cannot require a family member or alleged victim to appear testify without first having permission from the court to require that witness to appear in court by summons.

Solutions to Domestic Violence Prosecutions in Massachusetts

Dismissal: Domestic violence prosecutions in Massachusetts are a high stakes endeavor. Abuse of family members is a grave problem and must be addressed seriously and aggressively by the police and prosecutors’ offices of Massachusetts. Judges also have fewer options in making decisions in pretrial release and bail, plea agreements and sentencing in these cases.

All Massachusetts District Attorney’s Offices have strict policies against voluntarily dismissing domestic violence cases. However, dismissals can still be achieved with an experienced criminal defense attorney. Again, these cases must be defended effectively and aggressively but with due respect for the seriousness at stake for both sides of a prosecution. This is a very difficult balance to strike. Prosecutors office often pursue these cases even where witnesses have no interest in prosecuting a loved one.

Dismissals occur most often on a date schedule for trial but before the jury is empaneled. In Massachusetts, spouses cannot be forced to testify against one another in most cases if they invoke the “marital privilege.” M.G.L. Ch. 233 §20. Also, witnesses who themselves may have committed a crime during an argument or a domestic incident and can refuse to testify because they risk saying things that will incriminate them.

Even in cases where witnesses do not appear for trial, prosecutors can attempt to prove a case to a jury without them under limited exceptions to the rule against hearsay. Sometimes, they will try to present a case to a jury using only police testimony and a recording of a 911 call. Sometimes, they try to prove a case using a transcript of a witness’ prior testimony to the grand jury under limited circumstances. Preventing these trials from going forward requires a Boston criminal lawyer with deep knowledge of the rule against hearsay and the rights of the accused to confront the witnesses against them.

Not Guilty Verdict: Often, trying cases to a jury is necessary. We have tried cases and received acquittals in cases charging domestic abuse, sexual assault and restraining order (209A) violations. We are experts in the rules of evidence, including the rules excluding, and sometimes allowing under limited scenarios, trials to go forward without a live accusing witness but based on hearsay alone. We have successfully argued motions to exclude such evidence and have had cases dismissed at trial for lack of evidence where the only evidence was a 911 call or an out of court statement.

Our Boston criminal defense attorney’s office has defended many clients accused of domestic violence offenses in Massachusetts criminal cases and in restraining order (209A) cases. If you are accused of domestic violence, our Boston criminal defense attorney’s office is here to help you have your case dismissed so you can move on to a better place.