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Hingham Domestic Violence Lawyer for the Hingham District Court

A person arrested for domestic violence by the Hingham, Hanover, Hull, Norwell, Rockland, or Scituate police faces a criminal case in the Hingham District Court, at 28 George Washington Boulevard in Hingham. The Plymouth County District Attorney’s Office prosecutes the case, even though Hingham, Hull, and the other towns sit close to Boston. The alleged victim often files a separate 209A restraining order case in the Hingham 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 Hingham 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 Hingham District Court at arraignments, dangerousness hearings, motion hearings, trials, and 209A restraining order hearings. Serpa Law Office’s Quincy office, at 500 Victory Road, is a short drive from the Hingham courthouse. 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 Hingham, Hull, Scituate, and the Other South Shore Towns

The police in the six 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 clerk reads the charge. The court enters a plea of not guilty for the defendant. The judge then 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, as a condition of release, to stay away from and have no contact with the alleged victim. 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.

The Court and the Prosecutor for Each South Shore Town

The Hingham District Court hears criminal cases from Hingham, Hanover, Hull, Norwell, Rockland, and Scituate. G.L. c. 218, § 1. The Quincy District Court hears cases from Cohasset, Weymouth, and Braintree. The Norfolk County District Attorney’s Office prosecutes the Quincy District Court cases, as the firm’s page on domestic violence cases in the Quincy District Court explains. The Plymouth District Court hears cases from Marshfield and Pembroke.

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

Domestic Violence Penalties in the Hingham 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.

Strangulation or suffocation under G.L. c. 265, § 15D 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 only a judge can change or end the order.

A defendant on release in another case who is charged with violating a 209A restraining order may face revocation of that release after a hearing under G.L. c. 276, § 58B.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Hingham District Court. The Plymouth County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. The Plymouth 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 Commonwealth may rely on the police officers’ observations, 911 recordings, and medical records to prove the case.

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.

209A Restraining Orders in the Hingham District Court

A person who fears a family or household member may apply to the Hingham District Court for a 209A restraining order. The judge may issue a temporary order without the defendant present. 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).

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.

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

Professionals, Employers, Records, and Immigration

In Attorney Serpa’s experience, many Hingham defendants are physicians, nurses, lawyers, and tradespeople from Hingham, Norwell, and Scituate. A licensed professional charged with domestic violence in the Hingham District Court may have to report the charge, a conviction, or a continuance without a finding to a licensing board, depending on the board’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).

After arraignment, the domestic violence charge appears on the defendant’s CORI record. A standard CORI report, which most employers and landlords receive, shows a pending case but omits a dismissed case and a not guilty finding. 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 or visa holder 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 Hingham District Court

The Hingham District Court is at 28 George Washington Boulevard, Hingham, MA 02043. 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 (781) 749-7000.

A free parking lot serves the courthouse. The closest stop on the MBTA Greenbush commuter rail line is Nantasket Junction, about a mile from the courthouse.

Attorney Serpa meets clients from Hingham, Hull, Scituate, Norwell, Hanover, and Rockland at the Quincy office at 500 Victory Road, Suite 400A, and at the Boston office at 20 Park Plaza, Suite 400A. A person charged with domestic violence in the Hingham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which towns does the Hingham District Court serve in domestic violence cases?

The Hingham District Court hears criminal cases from Hingham, Hanover, Hull, Norwell, Rockland, and Scituate. The courthouse is at 28 George Washington Boulevard in Hingham. The Quincy District Court hears cases from Cohasset, Weymouth, and Braintree.

Who prosecutes a domestic violence case in the Hingham District Court?

The Plymouth County District Attorney’s Office prosecutes the criminal cases in the Hingham District Court. The office receives the case at arraignment and then decides whether to prosecute the complaint, whether to file a nolle prosequi, what to recommend on bail, and what plea to offer. The alleged victim cannot drop the charge.

Can an employer ask about a domestic violence charge that was dismissed?

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). A licensing board may have its own reporting rules for a charge, a conviction, or a continuance without a finding. A standard CORI report, which most employers and landlords receive, omits a dismissed case.

Where does Attorney Serpa meet clients with a Hingham domestic violence case?

Attorney Serpa meets clients at the Quincy office at 500 Victory Road, Suite 400A, a short drive from the Hingham District Court, and at the Boston office at 20 Park Plaza, Suite 400A. Clients can call the office at 617.936.0201.

Related Serpa Law Office Resources

Client Reviews

He's one of the best people I've met. I'm really appreciative of all the help I received. If you have a serious case, he'll work hard to make sure you have the best outcome. I highly recommend him. You will not be disappointed.

A.J

Mr. Serpa was very helpful with my family member ‘s case. He was able to get it dismissed quickly and easily. He is very professional and very good at what he does. I’m so glad he hired him. You will be glad too if you hire him.

Z.M.

Serpa law office was my attorney of choice for 2 seperate cases I had last year. With both situations, Joseph not only treated me great, delivered the results I was hoping for, and was extremely professional and genuine. I would definitely recommend this law office to anyone in need of legal help.

P.C.

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