Cambridge Domestic Violence Lawyer for the Cambridge District Court

A person arrested for domestic violence by the Cambridge, Arlington, or Belmont police faces a criminal case in the Cambridge District Court. The Cambridge District Court is not in Cambridge. The courthouse is at 4040 Mystic Valley Parkway in Medford, in the same building as the Malden District Court. The Middlesex County District Attorney’s Office prosecutes the case. The alleged victim often files a separate 209A restraining order case in the Cambridge District Court based on the same allegations.

The Commonwealth commonly charges assault and battery on a family or household member under G.L. c. 265, § 13M, in a Cambridge domestic violence case. The Commonwealth also charges strangulation or suffocation, threats to commit a crime, intimidation of a witness, and violation of a 209A restraining order in domestic violence cases. The Cambridge, Arlington, and Belmont police, the Massachusetts State Police, and the Harvard University and MIT police departments all bring cases to the Cambridge District Court.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa represents defendants in the Cambridge District Court at arraignments, dangerousness hearings, motion hearings, trials, and 209A restraining order hearings. The firm’s page on Boston and Massachusetts domestic violence defense explains the domestic violence law that applies in every Massachusetts court.

Domestic Violence Arrests in Cambridge, Arlington, and Belmont

After a domestic violence arrest, the police hold the person at the station. A bail commissioner cannot release a person arrested for a domestic violence offense until six hours after the arrest, unless a judge in open court orders an earlier release. G.L. c. 276, § 42A. The person then appears for arraignment at the courthouse in Medford.

The Somerville District Court, at 175 Fellsway in Somerville, hears domestic violence cases from Medford, even though the Cambridge District Court sits in Medford. A person arrested in Cambridge, Arlington, or Belmont goes to the Cambridge District Court at 4040 Mystic Valley Parkway.

At the arraignment, the judge releases the defendant on personal recognizance, admits the defendant to bail, or imposes conditions of release. The judge commonly orders the defendant to stay away from and have no contact with the alleged victim and the alleged victim’s residence. The firm’s page on the no contact order explains how a defendant asks the judge to change a condition of release.

The Commonwealth may move to hold the defendant without bail as dangerous under G.L. c. 276, § 58A when the charge involves abuse as G.L. c. 209A, § 1 defines abuse. The judge may order the defendant held without bail after a dangerousness hearing on the Commonwealth’s motion.

Domestic Violence Charges and Penalties in the Cambridge District Court

A person convicted of a first offense under § 13M faces up to 2½ years in the house of correction, a fine of up to $5,000, or both. A second or subsequent § 13M offense is a felony punishable by up to 5 years in state prison. The judge must order a person convicted of a § 13M offense, or placed on probation for a § 13M offense, to complete a certified intimate partner abuse education program, unless the judge makes specific written findings of good cause or the program finds the person unsuitable.

Strangulation or suffocation under G.L. c. 265, § 15D(b) is a felony punishable by up to 5 years in state prison. A person convicted of violating a 209A restraining order under G.L. c. 209A, § 7 faces up to 2½ years in the house of correction, a fine of up to $5,000, or both. Contact that the plaintiff starts is not a defense to a charge of violating a 209A restraining order, because the order restrains only the defendant.

A Cambridge District Court judge can impose up to 2½ years in the house of correction on a single charge. For a felony beyond the District Court’s final jurisdiction, the Middlesex County District Attorney’s Office prosecutes the case in the Middlesex Superior Court after a grand jury indicts the defendant.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Cambridge District Court. The Middlesex County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. The Middlesex County District Attorney’s Office often prosecutes a § 13M charge even when the alleged victim does not want the case to go forward. The Commonwealth may rely on what the police saw and on recordings, such as a 911 call or body camera video.

The firm’s page on what happens when the alleged victim will not testify explains when the Commonwealth can use a 911 call or an on-scene statement at trial without the alleged victim’s testimony. A married alleged victim may refuse to testify against the defendant in a § 13M case under the spousal privilege in G.L. c. 233, § 20, as the firm’s spousal privilege FAQ explains.

Harvard, MIT, and Lesley Students

Many people charged in the Cambridge District Court are students at Harvard, MIT, or Lesley. A student charged with domestic assault and battery may also face a university Title IX or student conduct proceeding on the same incident. The university and the court apply different standards and follow different schedules.

Most universities decide responsibility by a preponderance of the evidence, which asks only whether the accusation is more likely true than not. A university can find a student responsible even after a judge or jury acquits the student on the same facts. A statement that a student makes in the university proceeding may become evidence in the criminal case. Most universities allow a lawyer to attend a campus hearing only as an advisor who may not speak.

A student on an F-1 or J-1 visa can face a third proceeding. A criminal charge, even without a conviction, can lead to a review of the student’s SEVIS record. The firm’s page on college and university student criminal defense explains the campus proceeding and the steps a student should take before answering the university’s questions.

Professionals, Visa Holders, and Immigration

Many Cambridge defendants work at the biotechnology and technology companies in Kendall Square or at the universities. A physician answers to the Board of Registration in Medicine. Under 243 CMR 2.14, the clerk of courts reports a physician’s conviction, plea of nolo contendere, or admission to sufficient facts to the board within one week, so the board learns of a continuance without a finding. A securities professional, a lawyer, or another licensed professional may also have to report a domestic violence charge before the criminal case ends.

Many Cambridge students and researchers hold F-1, J-1, or H-1B visas. The federal immigration definition of a conviction generally includes a typical Massachusetts continuance without a finding. The firm’s page on domestic violence and immigration states the immigration result for each kind of battery. A visa holder should have an immigration lawyer review the exact charge, the visa status, and the court record before agreeing to a plea or a continuance without a finding.

Federal law, 18 U.S.C. § 922(g)(9), prohibits a person convicted of a misdemeanor crime of domestic violence, including a first offense under § 13M, from possessing a firearm or ammunition. The abuse designation under G.L. c. 276, § 56A stays in the statewide domestic violence record keeping system after a dismissal.

The 209A Restraining Order Hearing in the Cambridge District Court

A person who lives in Cambridge, Arlington, or Belmont can apply to the Cambridge District Court for a 209A restraining order. A judge may issue a temporary 209A restraining order without the defendant present. The court then holds a hearing within ten court business days. G.L. c. 209A, § 4. At the ten-day hearing, the plaintiff must prove abuse by a preponderance of the evidence. The judge then decides whether to extend the order.

A defendant who testifies at the ten-day hearing testifies under oath. A prosecutor may later offer the defendant’s recorded testimony as evidence in the criminal case. The firm’s page on a 209A restraining order and criminal charges from the same incident explains the choice between testifying and asserting the privilege against self-incrimination.

When the plaintiff shows a substantial likelihood of immediate danger of abuse, the judge who issues a temporary 209A restraining order must order the defendant to surrender all firearms, ammunition, and any license to carry or firearms identification card. G.L. c. 209A, § 3B.

Getting to the Cambridge District Court in Medford

The Cambridge District Court is at 4040 Mystic Valley Parkway, Medford, MA 02155. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office number is (781) 306-2715. The probation department number is (781) 306-2750.

Parking at the courthouse is free. The Wellington stop on the MBTA Orange Line is the closest subway stop. MBTA buses 90, 97, 99, 100, 106, 108, 110, 112, and 134 stop near the courthouse.

Serpa Law Office has offices in Boston, at 20 Park Plaza, Suite 400A, and in Quincy, at 500 Victory Road, Suite 400A. A person charged with domestic violence in the Cambridge District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Boston Domestic Violence Defense Lawyer
• Cambridge District Court Criminal Defense
• Assault and Battery on a Family or Household Member
• College and University Student Criminal Defense
• Domestic Violence and Immigration Consequences
• No Contact Orders and Conditions of Release
• A 209A Restraining Order and Criminal Charges From the Same Incident
• Massachusetts Domestic Violence Arrest FAQs