Framingham Domestic Violence Lawyer for the Framingham District Court

A person arrested for domestic violence by the Framingham, Ashland, Holliston, Hopkinton, Sudbury, or Wayland police faces a criminal case in the Framingham District Court, at 600 Concord Street in Framingham. The Middlesex County District Attorney’s Office prosecutes the case. The alleged victim often files a separate 209A restraining order case in the same courthouse based on the same allegations. The Natick and Sherborn police bring the people they arrest for domestic violence to the Natick District Court, which sits in the same building at 600 Concord Street.

The Commonwealth commonly charges assault and battery on a family or household member under G.L. c. 265, § 13M, in a Framingham domestic violence case. Section 13M applies when the alleged victim is or was married to the defendant, has a child with the defendant, or is or was in a substantive dating or engagement relationship with the defendant. The Commonwealth charges an assault and battery on a roommate, a parent, a sibling, or another household member outside the § 13M relationships under G.L. c. 265, § 13A.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa has represented clients in the Framingham District Court for decades. Attorney Serpa represents defendants in the Framingham 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 Framingham and the Five Neighboring Towns

The police in Framingham, Ashland, Holliston, Hopkinton, Sudbury, and Wayland arrest a person at the scene of a domestic call when they have probable cause to believe that an assault or an assault and battery occurred. 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. After the six hours pass, a bail commissioner may come to the police station and release the person on bail. A person released at the station appears for arraignment on the date the bail commissioner sets, usually the next court day. A person who stays in custody is arraigned on the next court day.

At the arraignment, the clerk reads the charge and enters a plea of not guilty on the defendant’s behalf. The judge then releases the defendant on personal recognizance, sets bail under G.L. c. 276, § 58, or imposes conditions of release. The judge commonly orders the defendant to stay away from and have no contact with the alleged victim. A stay-away order can bar the defendant from the shared home. A judge can change a condition of release later on a motion, as the firm’s page on the no contact order explains.

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.

Substantive Dating Relationships Under § 13M

Many § 13M charges depend on whether the defendant and the alleged victim were in a substantive dating relationship. The judge or jury decides whether a dating relationship was substantive by considering the length of the relationship, the type of relationship, how often the two people saw each other, whether either person ended the relationship, and how long ago the relationship ended. G.L. c. 265, § 13M(c).

When the Commonwealth does not prove a substantive dating relationship, the judge or jury cannot find the defendant guilty under § 13M. The judge or jury may still find the defendant guilty of assault and battery under § 13A.

The 209A restraining order statute covers more relationships than § 13M covers. A person who lives with the defendant, or who is related to the defendant by blood or marriage, can seek a 209A restraining order. G.L. c. 209A, § 1. A roommate or a sibling can therefore obtain a 209A restraining order even though the Commonwealth charges an assault on a roommate or a sibling under § 13A rather than § 13M.

Domestic Violence Charges and Penalties in the Framingham 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 hand over the nose and mouth. Strangulation or suffocation is a felony punishable by 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.

The Commonwealth also charges threats to commit a crime, intimidation of a witness, and violation of a 209A restraining order in domestic violence cases. A person convicted of violating a 209A restraining order faces up to 2½ years in the house of correction, a fine of up to $5,000, or both. G.L. c. 209A, § 7.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Framingham District Court. The Middlesex County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. In Attorney Serpa’s experience, the Middlesex County District Attorney’s Office continues to prosecute a domestic assault case after the alleged victim asks the prosecutor to drop the charge. The prosecutor relies on the responding officers’ observations, the 911 recording, photographs of injuries, and medical records.

The firm’s page on what happens when the alleged victim will not testify explains what the Commonwealth can prove 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.

209A Restraining Orders and Interpreters in the Framingham District Court

A person who lives in one of the six towns can apply to the Framingham District Court for a 209A restraining order. G.L. c. 209A, § 1 defines abuse as attempting to cause or causing physical harm, placing a person in fear of imminent serious physical harm, causing a person to engage involuntarily in sexual relations by force, threat, or duress, or coercive control.

A judge may issue a temporary 209A restraining order the same day 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. Frizado v. Frizado, 420 Mass. 592 (1995). The judge then decides whether to extend the order for up to one year. G.L. c. 209A, § 3.

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 defendant may decline to testify by asserting the privilege against self-incrimination. The firm’s page on a 209A restraining order and criminal charges from the same incident explains the choice between testifying and staying silent at the ten-day hearing.

In Attorney Serpa’s experience, many Framingham 209A hearings involve a party whose first language is Portuguese or Spanish. A judge appoints a qualified interpreter for a party or a defendant who does not speak English well, at the 209A restraining order hearing and at every stage of the criminal case. G.L. c. 221C, § 2.

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.

Immigration, Records, and Professional Licenses

Framingham has large Brazilian, Latino, and other immigrant communities. Immigration questions arise in many domestic violence cases in the Framingham District Court. A § 13M conviction, and in many cases a continuance without a finding on a § 13M charge, can make a noncitizen deportable for a crime of domestic violence. A continuance without a finding after an admission to sufficient facts is a conviction under 8 U.S.C. § 1101(a)(48)(A) when the judge imposes probation or another restraint.

The firm’s page on domestic violence and immigration states the immigration result for each kind of battery. A person who is not a United States citizen should have an immigration lawyer review the exact charge, the person’s immigration status, and the court record before the person agrees 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 defendant’s CORI shows the domestic violence charge from the day of the arraignment. The abuse designation under G.L. c. 276, § 56A stays in the statewide domestic violence record keeping system after a dismissal. A nurse, a teacher, a real estate broker, or another licensed professional must also follow the licensing board’s own reporting rules, which differ for an arrest, a pending charge, a continuance without a finding, and a conviction.

Framingham State University Students

A Framingham State University student accused of assaulting a dating partner or a roommate in Framingham faces the criminal case in the Framingham District Court. The university runs its own student conduct proceeding, separate from the criminal case. A dispute between roommates can also lead to a 258E harassment prevention order application or a 209A restraining order application, as the firm’s page on roommate restraining orders explains.

Getting to the Framingham District Court

The Framingham District Court is at 600 Concord Street, Framingham, MA 01701. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office number is (508) 875-7461. The probation department number is (508) 875-5241.

A public parking lot serves the courthouse. Drivers can also park on the surrounding streets. Framingham Station on the MBTA Framingham/Worcester commuter rail line is about a mile and a half from the courthouse. MetroWest Regional Transit Authority buses serve the area.

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 Framingham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Boston Domestic Violence Defense Lawyer
• Framingham District Court Criminal Defense
• Natick District Court Criminal Defense
• Assault and Battery on a Family or Household Member
• 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