Assault and Battery on a Family or Household Member (Mass. Gen. Laws ch. 265, §13M)

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

Assault and Battery on a Family or Household Member in Massachusetts

Being arrested and charged with Assault and Battery on a Family or Household Member is a distressing experience that immediately disrupts your life, your family, and your peace of mind. In Massachusetts, law enforcement and prosecutors treat domestic violence allegations with extreme severity. What might have been a minor argument or a chaotic misunderstanding in your home is now a formal criminal prosecution, and the Commonwealth of Massachusetts has vast resources at its disposal.

Attorney Joe Serpa understands that good people can find themselves in terrible situations. With over 30 years of experience defending clients in Massachusetts courts, he knows that an accusation is not a conviction. Successfully defending against this charge requires an aggressive, strategic approach that addresses both the strict legal elements of the crime and the complex personal dynamics at play.

Understanding the Charge: M.G.L. c. 265, § 13M

In Massachusetts, standard Assault and Battery is a serious misdemeanor. However, under Massachusetts General Laws Chapter 265, Section 13M, the legislature created a distinct, enhanced charge when the alleged victim shares a specific relationship with the accused.

To secure a conviction for this charge, the District Attorney must prove three distinct elements beyond a reasonable doubt:

1. The Touching: The prosecution must prove that you touched the alleged victim without their consent or without a legal right to do so. Under Massachusetts law, this touching does not need to cause a severe injury. Even a slight touch, a push, grabbing someone’s wrist, or tossing an object that strikes them can satisfy this requirement if it was done in an angry or insulting manner.
2. The Intent: The Commonwealth must prove that you intended to commit the act that resulted in the physical contact. Accidents, such as tripping and falling into someone during an argument, do not meet the legal requirement for criminal intent.
3. The Relationship: The prosecution must establish that you and the alleged victim were “family or household members” at the time of the incident.

Who Qualifies as a “Family or Household Member”?

The definition of a family or household member in Massachusetts is remarkably broad. You can be charged under this statute if you and the alleged party fall into any of the following categories:

• Married or Previously Married: You are currently spouses or were married in the past.
• Shared Children: You have a child together, regardless of whether you were ever married or ever lived together.
• Cohabitation: You currently live together or have lived together in the same household in the past.
• Blood or Marriage Relatives: You are related by blood (such as siblings or parents) or by marriage (such as in-laws).
• Substantive Dating Relationship: You are or were engaged or involved in a substantive dating relationship. Courts evaluate the length of the relationship, the type of relationship, the frequency of interaction, and whether the relationship was terminated (and how long ago).

The Harsh Penalties and Long-Term Consequences

Massachusetts takes a “pro-arrest” and aggressive prosecution stance on domestic violence. The penalties for a conviction are designed to be punitive and burdensome.

First Offense Penalties:

• Up to 2.5 years in a House of Correction.
• A fine of up to $5,000.
• Mandatory completion of a state-certified Batterer’s Intervention Program (BIP). This program takes a minimum of 40 weeks to complete, requires a strict attendance policy, and costs the defendant thousands of dollars in program fees.

Subsequent Offense Penalties: If you have a prior conviction for domestic assault, a subsequent offense is elevated to a felony. This carries a potential sentence of up to 5 years in state prison.

Collateral Consequences: Beyond the Courtroom

The damage of a domestic violence charge extends far beyond criminal penalties. If you are charged with Assault and Battery on a Family or Household Member, you will likely face immediate and severe collateral consequences:

• Department of Children and Families (DCF) Involvement: If a child was present during the alleged incident, or even in the home, police are mandated reporters. They will file a 51A report with DCF, triggering an invasive investigation into your family and your fitness as a parent.
• Loss of Firearm Rights: Under both Massachusetts law and the federal Lautenberg Amendment, a conviction for domestic assault permanently disqualifies you from owning or carrying a firearm. Even while the case is merely pending, your License to Carry (LTC) will be suspended and your firearms must be surrendered.
• Restraining Orders (209A): In almost all domestic arrest situations, the police will help the alleged victim secure an emergency abuse prevention order. This can force you out of your home immediately and restrict you from seeing your children.
• Employment and Housing: A domestic violence conviction on your criminal record (CORI) can severely limit your career prospects, cause you to lose professional licenses or security clearances, and create obstacles for renting apartments.

The “No Drop” Policy and Evidentiary Privileges

One of the most common misconceptions in domestic violence cases is that the alleged victim can simply “drop the charges.” This is not true in Massachusetts. Once the police make an arrest, the Commonwealth of Massachusetts takes over the case. The prosecutor, not the victim, decides whether to move forward.

However, many cases are successfully defended because the alleged victim does not wish to testify. In these situations, Attorney Joe Serpa frequently utilizes two critical evidentiary privileges:

• The Massachusetts Spousal Privilege: Under G. L. c. 233, §20, a person cannot be compelled to testify against their spouse in a criminal trial. If your spouse invokes this privilege, the prosecution often loses its only eyewitness, forcing a dismissal.
• The Fifth Amendment Privilege: In many domestic disputes, both parties engage in yelling, threatening, or physical pushing. If testifying truthfully would force the alleged victim to admit to their own criminal conduct (such as striking you first), they have a constitutional right against self-incrimination. Invoking the Fifth Amendment frequently leads to the collapse of the prosecution’s case.

Proven Defense Strategies

Attorney Joe Serpa relies on rigorous investigation, sharp cross-examination, and a mastery of courtroom procedure to defend domestic assault charges. Every case is unique, but successful defenses often include:

• Self-Defense: You have a legal right to defend yourself against physical harm. If the alleged victim was the initial aggressor, we will demonstrate that your actions were a reasonable and necessary response to protect yourself.
• False Accusations and Motive to Fabricate: Unfortunately, domestic assault charges are frequently weaponized during bitter divorces, child custody battles, or out of jealousy and vindictiveness. We aggressively investigate text messages, emails, and witness testimonies to expose hidden agendas and protect your reputation.
• Accidental Contact: Arguments are chaotic. If physical contact occurred because someone tripped, a door was pushed open, or items were dropped during a struggle, we will argue that the essential element of criminal “intent” is completely absent.
• Lack of Corroborating Evidence: Police often arrest the person who seems the least emotional or the most cooperative. We scrutinize 911 calls, medical records, and police reports. If an alleged victim claims they were brutally beaten but has no physical marks, we use that lack of evidence to dismantle the prosecutor’s narrative.

Assault and battery on a family or household member is a misdemeanor if it is a charged as a first offense. This means you can be punished by no more that two-and-one-half years in the house of correction. A second offense of domestic assault and battery is a felony, and can be punished by up to five years in state prison.

Most of us believe an assault and battery occurs by punching or violently striking a person. The law is much broader. You can be guilty of assault and battery if you simply touch somebody, even slightly, if you had no right or legal excuse to touch the person and without that person’s consent. Even if the person did consent to being touched, you can still be found guilty if the touching was likely to cause physical injury to that person.

You can also be found guilty of assault and battery if you did not intend to touch them, but did so “recklessly” and the person was injured as a result. An example of a “reckless assault and battery” is wildly swing your arms while you are near another person. Even if you did not mean to strike the person, you have committed an assault and battery if you do strike them accidentally and they are injured.

A “family or household member” under this law is a (1) spouse or former spouse, a (2) person you have had a child with or (3) a person you have dated “substantively.” A “substantive” dating relationship has no firm definition. It generally means a person you have have dated with some level of seriousness.

It is important to note that this definition of “family or household member” is more narrow than the the definition that applies to Massachusetts 209A restraining orders (and restraining order violations). That law includes as “family or household members” (1) spouses and ex-spouses, (2) people who live or have ever lived together, (3) people related by blood or marriage, (4) people who have had a child together and (5) people in a “substantive dating relationship.” M.G.L. ch. 209A §1.

Massachusetts’ rules of criminal procedure, and the courtroom skillsneeded to address these case, are specific and rigorous. Please contact Joe Serpa, a talented Boston criminal defense attorney with a specialty in domestic violence criminal defense in Massachusetts, for help. Again, we are located in Back Bay, Boston and Marina Bay Quincy.