Newton Domestic Violence Lawyer for the Newton District Court

A person arrested for domestic violence by the Newton police faces a criminal case in the Newton District Court, at 1309 Washington Street in West Newton. 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 Newton 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 Newton 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.

Attorney Serpa obtained the dismissal of a charge of assault and battery on a family or household member in the Newton District Court. The Newton District Court then sealed the record. The client was a technology professional whose work requires security vetting. The firm’s results page describes the case.

Domestic Violence Arrests in West Newton, Newton Centre, Chestnut Hill, and the Other Villages

The Newton 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. The Newton District Court hears the case whether the arrest takes place in Newton Centre, West Newton, Auburndale, Waban, Chestnut Hill, or another village of Newton.

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.

Clerk-Magistrate Hearings When the Police Do Not Arrest

The Newton police do not arrest every person accused of a domestic assault. When the alleged victim reports an incident after the fact, or when the officers do not make an arrest at the scene, the police may apply to the Newton District Court 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.

At the hearing, the clerk-magistrate decides whether the application shows probable cause for the charge. When the clerk-magistrate denies the application, no complaint issues, no arraignment takes place, and no CORI entry results from the application. In Attorney Serpa’s experience, many people who come before the Newton clerk-magistrates are physicians, lawyers, financial professionals, and academics with no prior record. The firm’s page on the clerk-magistrate hearing explains how to prepare for the hearing.

Which Court Hears the Case

The Newton District Court hears criminal cases only from the city of Newton. G.L. c. 218, § 1. The Waltham District Court hears cases from Waltham, Watertown, and Weston, as the firm’s page on domestic violence cases in the Waltham District Court explains. The Dedham District Court hears cases from Needham and Wellesley, as the firm’s page on domestic violence cases in the Dedham District Court explains. The Brookline District Court hears cases from Brookline, as the firm’s page on domestic violence cases in the Brookline District Court explains. The Boston Municipal Court, Brighton Division, hears cases from Brighton and Allston.

A Newton 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 Newton appears in the Juvenile Court.

Domestic Violence Charges During a Divorce or Custody Case

In Attorney Serpa’s experience, many Newton domestic assault charges arise during a divorce or custody case in the Middlesex Probate and Family Court. Many Newton 209A restraining order cases arise from the same facts as a motion for exclusive use of the home or for emergency custody 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 case, and the family court case from the start.

The alleged victim cannot drop a domestic violence charge in the Newton 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 Newton 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 the Family Home

A judge may issue a temporary 209A restraining order without notice to the defendant. The temporary order may require the defendant to leave the family home and to stay away from the plaintiff. 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 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). At a contested Newton hearing, counsel examines the reasonableness of the plaintiff’s claimed fear, the parties’ prior messages, and whether the plaintiff seeks the order to gain an advantage in the family court case.

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, Security Vetting, Records, and Immigration

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. A person who holds a security clearance may have to report an arrest. The firm’s page on criminal charges and a professional license explains the reporting 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 Newton 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 firm’s page on sealing a criminal record explains the petition. 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.

Boston College and Lasell University Students

Boston College sits on the border of Newton and Boston. The Newton District Court hears cases from the Chestnut Hill side of the Boston College campus in Newton. The Boston Municipal Court, Brighton Division, hears cases that arise on the Boston side of the campus. Lasell University sits in Auburndale, so the Newton District Court hears cases that arise on the Lasell campus.

A student charged with domestic assault and battery may also face a university conduct proceeding. The Commonwealth can use a statement that a student makes in a disciplinary interview as evidence in the criminal case. The firm’s page on college and university student criminal defense explains the two proceedings.

Getting to the Newton District Court

The Newton District Court is at 1309 Washington Street, West Newton, MA 02465. 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 (617) 244-3600.

Metered street parking and a metered lot are open to the public. The West Newton stop on the MBTA Framingham and Worcester commuter rail line is the closest train stop. The Woodland stop on the Green Line D branch is about 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. A person charged with domestic violence in the Newton District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Boston Domestic Violence Defense Lawyer
• Newton District Court Criminal Defense
• Waltham Domestic Violence Lawyer
• Dedham Domestic Violence Lawyer
• Assault and Battery on a Family or Household Member
• Massachusetts Clerk-Magistrate Hearing Lawyer
• A 209A Restraining Order and Criminal Charges From the Same Incident
• Massachusetts Criminal Defense Results
• Massachusetts Domestic Violence Arrest FAQs