Chelsea Domestic Violence Lawyer for the Chelsea District Court

A person arrested for domestic violence by the Chelsea or Revere police faces a criminal case in the Chelsea District Court, at 120 Broadway in Chelsea. The Suffolk County District Attorney’s Office prosecutes the case. The alleged victim often files a separate 209A restraining order case 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 Chelsea domestic violence case. The Commonwealth charges an assault and battery on a parent, a sibling, or a roommate under the general assault and battery statute, G.L. c. 265, § 13A. 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.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa represents defendants in the Chelsea District Court at clerk-magistrate hearings, 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.

After a contested clerk-magistrate hearing in the Chelsea District Court, the clerk-magistrate found no probable cause on applications charging a client of Attorney Serpa with assault and battery and intimidation of a witness. No complaints issued. The firm’s results page describes the case.

Domestic Violence Arrests in Chelsea and Revere

The Chelsea and Revere police arrest a person at the scene of a domestic call when the officers have probable cause to believe that an assault or an assault and battery took place. Under G.L. c. 209A, § 6, arrest is the preferred police response to a domestic call. In Attorney Serpa’s experience, many Chelsea District Court cases arise from domestic violence calls and 209A restraining order hearings.

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 police hold an arrested person for arraignment on the next court day unless a bail commissioner releases the person from the station. A person released by a bail commissioner still appears for arraignment on the date the bail commissioner sets.

At the arraignment, the judge releases the defendant on personal recognizance, sets bail under G.L. c. 276, § 58, or imposes conditions of release. The judge may order the defendant to stay away from and have no contact with the alleged victim. A stay away and no contact order can bar the defendant from a shared home until the case ends or until a judge changes the condition. The firm’s page on the no contact order explains how a defendant asks the judge to change a condition of release.

A defendant who does not speak English well has the right to a qualified interpreter, appointed by the judge, at the arraignment and at every later court date in the case. G.L. c. 221C, § 2.

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 decides the Commonwealth’s motion after a dangerousness hearing.

Which Court and Which Prosecutor

The Chelsea District Court hears criminal cases from Chelsea and Revere. G.L. c. 218, § 1. The Suffolk County District Attorney’s Office prosecutes the Chelsea District Court cases. The same office prosecutes the cases in the Boston Municipal Court. The Malden District Court hears cases from Everett, as the firm’s page on domestic violence cases in the Malden District Court explains. The Boston Municipal Court, East Boston Division, hears cases from East Boston, Winthrop, and Logan Airport.

A Chelsea judge can impose up to 2½ years in the house of correction on a single charge but cannot sentence a defendant to state prison. The Suffolk County District Attorney’s Office prosecutes a felony that the District Court cannot try in the Suffolk Superior Court, after a grand jury indicts the defendant. A person under 18 accused of a domestic assault in Chelsea or Revere appears in the Juvenile Court.

Clerk-Magistrate Hearings When the Police Do Not Arrest

When the Chelsea or Revere police do not arrest the accused person, the police may apply to the clerk-magistrate for a criminal complaint. A person who has not been arrested has a right to a clerk-magistrate hearing under G.L. c. 218, § 35A on an application for a misdemeanor, such as a first offense under § 13M. The clerk-magistrate may issue the complaint without a hearing when the application shows an imminent threat of bodily injury, of a new crime, or of flight from Massachusetts.

When the clerk-magistrate denies the application, no complaint issues, no arraignment takes place, and no CORI entry results from the application. After a denial, no criminal complaint and no arraignment exist for an immigration officer to review. The firm’s page on the clerk-magistrate hearing explains how to prepare for the hearing.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Chelsea District Court. The Suffolk County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. The Suffolk County District Attorney’s Office often prosecutes a domestic assault and battery charge even when the alleged victim asks the prosecutor to drop the charge. The firm’s page on what happens when the alleged victim will not testify explains the limits on the evidence the Commonwealth can use without the alleged victim’s testimony.

In Attorney Serpa’s experience, a Chelsea judge ordinarily dismisses a case when the Commonwealth’s witnesses do not appear for trial. The defense must still be ready to try the case on the trial date, because the Commonwealth may have its witnesses present. 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.

Witness Intimidation Charges

The Commonwealth often adds a charge of intimidation of a witness under G.L. c. 268, § 13B to a Chelsea domestic assault charge. The Commonwealth can base the charge on a call or a text message to the alleged victim about the case. A person convicted of intimidation of a witness faces up to 10 years in state prison or up to 2½ years in the house of correction, a fine of $1,000 to $5,000, or both. The Commissioner of Probation cannot seal a witness intimidation conviction. G.L. c. 276, § 100A.

Domestic Violence Penalties in the Chelsea District Court

A person convicted of a first § 13M offense 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.

The Commonwealth charges strangulation or suffocation under G.L. c. 265, § 15D when the police report describes pressure on the throat or neck or a blocked nose or mouth. A person convicted of strangulation or suffocation, a felony, faces up to 5 years in state prison, up to 2½ years in the house of correction, a fine of up to $5,000, or both a fine and imprisonment.

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 the charge, because only a judge can change or end the order.

209A Restraining Orders and Immigration

A judge may issue a temporary 209A restraining order without the defendant present. When the plaintiff shows a substantial likelihood of immediate danger of abuse, the judge must also order the defendant to surrender all firearms, ammunition, and any license to carry or firearms identification card. G.L. c. 209A, § 3B. The court then holds a hearing within ten court business days. G.L. c. 209A, § 4. The plaintiff must prove abuse by a preponderance of the evidence at the hearing. Frizado v. Frizado, 420 Mass. 592 (1995).

Federal immigration law makes a noncitizen deportable when a court finds that the noncitizen violated the part of a protective order that protects against credible threats of violence, repeated harassment, or bodily injury. 8 U.S.C. § 1227(a)(2)(E)(ii). Attorney Serpa therefore defends the criminal charge, the 209A restraining order, and the immigration question together.

A defendant who testifies at the 209A restraining order hearing testifies under oath. A prosecutor may later offer the 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.

Immigration, Records, and Jobs That Require a License

Chelsea and Revere have large immigrant communities. Many people charged in the Chelsea District Court are not United States citizens. A continuance without a finding after an admission to sufficient facts is a conviction under federal immigration law when the judge imposes probation or another restraint. 8 U.S.C. § 1101(a)(48)(A). A § 13M conviction can make a noncitizen deportable for a crime of domestic violence.

A noncitizen should have an immigration lawyer review any proposed plea, admission, or continuance without a finding before the judge accepts the plea or admission. The firm’s page on domestic violence and immigration states the immigration result for each kind of battery.

Many Chelsea defendants work as drivers for the shipping, produce, and delivery businesses near Logan Airport and the Chelsea waterfront. An employer that checks CORI may see a pending domestic violence charge from the arraignment forward. A defendant whose Chelsea case ends in a dismissal or a nolle prosequi may petition the court to seal the record under G.L. c. 276, § 100C, with no waiting period. Commonwealth v. Pon, 469 Mass. 296 (2014). The abuse designation under G.L. c. 276, § 56A stays in the statewide domestic violence record keeping system after a dismissal.

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.

Getting to the Chelsea District Court

The Chelsea District Court is at 120 Broadway, Chelsea, MA 02150. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office answers at (617) 660-9200. The probation department answers at (617) 660-9300.

Long-term metered parking is on Arlington Street Extension, where street cleaning restrictions apply. MBTA buses 111, 112, 114, 116, and 117 stop nearby. The Chelsea station on the MBTA Newburyport and Rockport commuter rail line is a little over a mile from the courthouse.

Serpa Law Office has offices in Boston, at 20 Park Plaza, Suite 400A, and in Quincy, at 500 Victory Road, Suite 400A. The Boston office is a short drive from the Chelsea District Court across the Tobin Bridge. A person charged with domestic violence in the Chelsea District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Boston Domestic Violence Defense Lawyer
• Chelsea District Court Criminal Defense
• Malden Domestic Violence Lawyer
• Assault and Battery on a Family or Household Member
• Intimidation of a Witness
• A 209A Restraining Order and Criminal Charges From the Same Incident
• Domestic Violence and Immigration Consequences
• Massachusetts Criminal Defense Results
• Massachusetts Domestic Violence Arrest FAQs