Boston Domestic Violence Lawyer

A person arrested for domestic violence in Boston faces a criminal case, new conditions of release, and often a separate 209A restraining order case that the alleged victim brings on the same allegations. The district attorney’s office prosecutes the criminal case from the arraignment forward. The responding police often report the incident to the Department of Children and Families if a child was present. The Department then begins a DCF investigation. Attorney Joe Serpa is a Boston domestic violence lawyer who represents the person charged from the arrest through trial.

Attorney Serpa has practiced Massachusetts criminal defense since 1995. He defends people charged with domestic violence in the Boston Municipal Court, including the Central, Dorchester, Roxbury, and West Roxbury divisions, and in the district courts around Boston. Attorney Serpa appears with the defendant at arraignment, at the dangerousness hearing when the Commonwealth asks the judge to hold the defendant without bail under G.L. c. 276, § 58A, at every pretrial hearing, and at trial. He also represents clients at the 209A restraining order hearing.

What Happens After a Domestic Violence Arrest in Massachusetts

Arrest is the preferred response under G.L. c. 209A, § 6 when a police officer has probable cause to believe that a person committed a felony or a misdemeanor involving abuse. Arrest is mandatory when the officer has probable cause to believe that a person violated a 209A restraining order. Officers make the arrest in most cases even when the alleged victim asks that no arrest be made. After a warrantless domestic violence arrest, the case proceeds directly to arraignment with no clerk-magistrate hearing.

A person arrested on a Massachusetts domestic violence charge is not admitted to bail sooner than six hours after the arrest. A judge in open court may admit the person to bail before the six hours run. G.L. c. 276, § 42A. The defendant is arraigned in the District Court or the Boston Municipal Court on the next business day. The judge releases the defendant on personal recognizance or sets bail, imposes conditions of release, and in most cases orders the defendant to stay away from and have no contact with the alleged victim.

The no contact order imposed at arraignment is a criminal condition of release under G.L. c. 276, § 58. The no contact order stays in effect even if the alleged victim asks for contact or invites the defendant home. Only a judge can change a condition of release.

The Commonwealth may also move at arraignment for a dangerousness hearing under G.L. c. 276, § 58A. The judge can order the defendant held without bail after finding by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community. At the hearing, defense counsel presents specific conditions of release, such as GPS monitoring, a stay-away order, and firearms surrender.

The alleged victim often applies for a civil 209A restraining order on the day of the arrest. A judge may issue the order ex parte. The court then holds a hearing after notice within ten court business days. A 209A restraining order issued without notice requires the defendant to surrender all firearms, ammunition, and any License to Carry immediately upon service under G.L. c. 209A, § 3B.

The responding officers are mandated reporters when a child lives in the home. In Attorney Serpa’s experience, officers file a report under Section 51A in nearly every domestic violence arrest with a child in the home. A statement the defendant makes to a DCF worker is not privileged. The DCF worker can disclose the statement to the prosecution.

A statement the defendant makes at the 209A restraining order hearing or in the DCF interview may later affect the criminal case. Defense counsel identifies every order, deadline, and pending proceeding before the defendant speaks in any of the three proceedings.

Domestic Violence Charges and Penalties in Massachusetts

The offense most commonly charged in a Massachusetts domestic violence case is assault and battery on a family or household member under G.L. c. 265, § 13M. Two people are family or household members under § 13M if they are or were married, have a child in common, or are or have been in a substantive dating or engagement relationship. Relatives by blood and people who merely share a residence are not family or household members under § 13M. The Commonwealth charges an assault on a roommate or a sibling as assault and battery under G.L. c. 265, § 13A. The firm’s comparison of Sections 13A and 13M explains the elements of each charge.

The Commonwealth also brings the following charges in domestic violence cases.

• Strangulation or suffocation, G.L. c. 265, § 15D
• Assault and battery by means of a dangerous weapon, G.L. c. 265, § 15A
• Threats to commit a crime, G.L. c. 275, § 2
• Intimidation of a witness, G.L. c. 268, § 13B
• Malicious destruction of property, G.L. c. 266, § 127
• Violation of a 209A restraining order, G.L. c. 209A, § 7
• Assault and battery with an enhanced penalty, such as assault and battery on a person known to be pregnant, G.L. c. 265, § 13A(b)

A first offense of domestic assault and battery is a misdemeanor. A second offense under § 13M is a felony. Strangulation and assault and battery by means of a dangerous weapon are felonies on a first offense. The table states the maximum penalty for the most common domestic violence charges. The last column shows whether the statute requires the judge to order the intimate partner abuse education program after a conviction or a continuance without a finding.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in Massachusetts. The district attorney decides whether the Commonwealth goes forward with the case. The Commonwealth may proceed on a 911 recording, body camera video, photographs, medical records, or other witnesses when the alleged victim will not testify. A judge may admit the alleged victim’s statements at the scene as excited utterances if the statements were not testimonial.

A married alleged victim may refuse to testify against the defendant under the spousal privilege in G.L. c. 233, § 20. The Massachusetts Spousal Privilege FAQ answers the common questions about that privilege. The firm’s article on recantation in a Massachusetts domestic violence case explains why an alleged victim who changes their account does not control the prosecution.

Contact with the alleged victim can violate a release condition or a 209A restraining order even when the alleged victim initiated the contact. The Commonwealth can also bring a separate prosecution for intimidation of a witness under G.L. c. 268, § 13B for willful conduct that satisfies the requirements of that statute.

Self-Defense and False Accusations in a Domestic Violence Case

Self-defense in Massachusetts is a complete justification. Once the evidence fairly raises self-defense, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense. When the identity of the first aggressor is disputed, the defense may seek to admit evidence of specific acts of violence by the alleged victim under Commonwealth v. Adjutant, after giving the notice the rules of criminal procedure require. The firm’s page on self-defense and mutual combat in domestic cases explains both rules.

The officer’s decision to arrest is not a trial finding. Body camera footage, 911 audio, photographs, witness accounts, and the physical setting may later support or contradict the alleged victim’s first account. Defense counsel obtains the complete evidence rather than relying on the summary in the police report. The firm’s page for people falsely accused of domestic violence explains how the defense tests the accusation.

Criminal Records, Gun Licenses, and Immigration After a Domestic Violence Charge

A domestic violence charge enters CORI at arraignment. A standard CORI report, which most employers and landlords receive, does not include a dismissed case or a not guilty finding. A dismissal does not remove the abuse designation from the statewide domestic violence record keeping system under G.L. c. 276, § 56A. The court must remove the designation after a not guilty finding, a no bill, or a finding of no probable cause. The firm’s guide to domestic violence records, CORI, and the DVRS explains each record system.

A judge may continue a domestic violence case without a finding after the defendant admits to sufficient facts. The judge dismisses the charge if the defendant completes the conditions. For a § 13M charge, the judge must order the defendant to complete a certified intimate partner abuse education program after a conviction or as a condition of a continuance without a finding.

A person who is subject to a 209A restraining order or a 258E harassment prevention order cannot hold a Massachusetts firearms license while the order is in effect. A Massachusetts continuance without a finding is not a conviction under Massachusetts firearms law. A conviction under § 13M bars possession of a firearm under 18 U.S.C. § 922(g)(9) only if the conviction meets every condition of 18 U.S.C. § 921(a)(33). The firm’s article on firearms after a domestic violence charge explains each rule.

Federal immigration law generally treats a typical Massachusetts continuance without a finding as a conviction. A defendant who is not a United States citizen should obtain case-specific immigration advice before resolving any criminal charge. Chapter 163 of the Acts of 2026 added rules on questions about immigration status, civil arrests at the courthouse, and bail for a noncitizen facing a domestic violence charge.

The duty of a licensed professional to report a domestic violence case to a licensing board depends on the profession. The firm’s guide to domestic violence defense for licensed professionals, students, and non-citizens sets out the reporting rule for each profession.

Domestic Violence Cases in Boston and Nearby Courts

Attorney Serpa represents defendants in domestic violence cases in the Boston Municipal Court, including the Central, Dorchester, Roxbury, and West Roxbury divisions. The firm also has a domestic violence page for each of these district courts around Boston, with the towns each court covers. The courts are the Quincy, Dedham, Cambridge, Brookline, Newton, Waltham, Somerville, Malden, Chelsea, Woburn, Concord, Framingham, Hingham, and Wrentham District Courts.

Defending a Domestic Violence Case With Serpa Law Office

Defense counsel’s early review of a domestic violence case includes the exact charge language, every release condition or civil order, the complete police and recording evidence, and any parallel DCF or school proceeding. Defense counsel also preserves evidence that may disappear, including surveillance video, messages, and photographs.

The firm’s representative criminal defense results include dismissals and not guilty verdicts, but every case depends on its own admissible evidence and procedural history. Serpa Law Office represents clients in the Boston Municipal Court and the District and Superior Courts throughout Massachusetts. Call 617-936-0201 or use the contact form to request a confidential consultation.

The firm’s Massachusetts domestic violence FAQs and the Massachusetts domestic violence arrest FAQs answer additional questions about arrest, release, evidence, records, firearms, and the outcome of a case.

Related Serpa Law Office Resources

• Massachusetts Domestic Violence Arrest FAQs
• Assault and Battery on a Family or Household Member
• No Contact Orders in Massachusetts Criminal Cases
• When the Alleged Victim Will Not Testify in a Massachusetts Domestic Violence Case
• Falsely Accused of Domestic Violence in Massachusetts
• Self-Defense and Mutual Combat in Massachusetts Domestic Violence Cases
• A 209A Restraining Order and Criminal Charges From the Same Incident
• Domestic Violence Records: CORI and the DVRS
• Firearms After a Domestic Violence Charge
• DCF 51A Investigations After a Massachusetts Domestic Arrest
• Massachusetts Intimate Partner Abuse Education Program (IPAEP)