Concord Domestic Violence Lawyer for the Concord District Court

A person arrested for domestic violence by the Concord, Acton, Bedford, Carlisle, Lexington, Lincoln, Maynard, or Stow police faces a criminal case in the Concord District Court, at 305 Walden Street in Concord. The Middlesex 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 Concord 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 Concord 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 Concord, Lexington, Acton, and the Other Towns

The police in the eight towns 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.

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 keep the defendant out of the family 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.

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 Hears the Case

The Concord District Court hears criminal cases from Concord, Acton, Bedford, Carlisle, Lexington, Lincoln, Maynard, and Stow. G.L. c. 218, § 1. The Framingham District Court hears cases from Sudbury, as the firm’s page on domestic violence cases in the Framingham District Court explains. The Woburn District Court hears cases from Burlington, as the firm’s page on domestic violence cases in the Woburn District Court explains.

A Concord 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 Middlesex County District Attorney’s Office prosecutes a felony that the District Court cannot try in the Middlesex Superior Court, after a grand jury indicts the defendant. A person under 18 accused of a domestic assault in one of the eight towns appears in the Juvenile Court.

Domestic Violence Charges During a Divorce or Custody Case

In Attorney Serpa’s experience, many Concord domestic assault charges arise during a divorce or custody case. The criminal charge and the 209A restraining order are often filed alongside motions in the Probate and Family Court. A statement that a party makes in the criminal case, the 209A restraining order case, or the family court case can become evidence in the other two cases. Attorney Serpa therefore coordinates the defense of the criminal case, the 209A restraining order, and the family court case.

The alleged victim cannot drop a domestic violence charge in the Concord 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 domestic assault and battery charge even when the alleged victim does not want the case to go forward. 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.

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.

Domestic Violence Penalties in the Concord 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 During a Separation

In Attorney Serpa’s experience, many 209A restraining orders in the Concord District Court arise during a separation or divorce between parties who share children and a home. A judge who issues a temporary order without notice to the defendant may order the defendant to leave the family home, to stay away from the plaintiff, and, when the plaintiff shows a substantial likelihood of immediate danger of abuse, to surrender firearms. G.L. c. 209A, § 3B. The judge can enter a temporary 209A restraining order before the defendant has a chance to appear with counsel.

The court holds a hearing within ten court business days after a temporary order. 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). Counsel at a contested Concord hearing examines the history between the parties, the messages that preceded the application, and the pending family court case. Counsel also examines whether the plaintiff’s claimed fear is reasonable or reflects an effort to gain an advantage in the divorce.

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.

Professionals, Records, Sealing, and Immigration

In Attorney Serpa’s experience, many Concord defendants are physicians, lawyers, engineers, financial professionals, and tradespeople who work along Route 128 or in Boston. A physician, a lawyer, or a securities professional may have to report a conviction or a continuance without a finding to the Board of Registration in Medicine, the Board of Bar Overseers, or FINRA, depending on each body’s rules. Massachusetts law bars most employers from asking about an arrest or a charge that did not end in a conviction. G.L. c. 151B, § 4(9).

An arraignment creates a public criminal case and a CORI entry. A defendant whose Concord 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.

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 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.

Getting to the Concord District Court

The Concord District Court is at 305 Walden Street, Concord, MA 01742, just off Route 2 near the center of Concord. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office and the probation department both answer at (978) 369-0500.

The courthouse has free parking. The Concord stop on the MBTA Fitchburg commuter rail line is about 1.2 miles 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. A person charged with domestic violence in the Concord District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

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