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Quincy Domestic Violence Lawyer for the Quincy District Court

A person arrested for domestic violence by the Quincy, Braintree, Weymouth, Milton, Randolph, Holbrook, or Cohasset police faces a criminal case in the Quincy District Court, at 1 Dennis Ryan Parkway in Quincy. The arraignment judge imposes conditions of release on the person. The alleged victim often files a separate 209A restraining order case based on the same allegations. The Norfolk County District Attorney’s Office prosecutes every criminal case in the Quincy District Court.

The Commonwealth commonly charges assault and battery on a family or household member under G.L. c. 265, § 13M, in a domestic violence case. People call the § 13M charge “domestic assault and battery” or “domestic A&B.” The Commonwealth also charges strangulation or suffocation, assault and battery by means of a dangerous weapon, threats to commit a crime, intimidation of a witness, and violation of a 209A restraining order in domestic violence cases. The Weymouth and Braintree police make many of the domestic violence arrests that lead to cases in the Quincy District Court.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Serpa Law Office’s Quincy office is at 500 Victory Road, Suite 400A, in the Marina Bay section of Quincy, about 4.6 miles from the courthouse. Attorney Serpa represents defendants at arraignment, at dangerousness hearings, at pretrial hearings, at trial, and at 209A restraining order hearings in the Quincy District Court. The firm’s page on Boston and Massachusetts domestic violence defense explains the domestic violence law that applies in every Massachusetts court.

What Happens After a Domestic Violence Arrest in Quincy

A person arrested for a domestic violence offense cannot be released on bail from the police station until six hours after the arrest. A judge in open court can release the person sooner. G.L. c. 276, § 42A. The Quincy District Court arraigns the person on the next business morning. A family member can find the case on the Quincy District Court daily list, which shows each day’s cases and the courtroom session assigned to each case. A family member who cannot find the case on the daily list can call the clerk’s office at (617) 471-1650.

The Quincy District Court hears domestic violence cases in a session set aside for domestic violence cases. In the domestic violence session, the Norfolk County District Attorney’s Office assigns a specific assistant district attorney to each case. The same assistant district attorney stays with the case until the case ends, so the defense deals with the same prosecutor at every court date. The Quincy District Court allows appearances by Zoom for routine court dates.

At arraignment, the judge admits the defendant to bail or releases the defendant on personal recognizance. The judge also imposes conditions of release. In most domestic violence cases, the judge orders the defendant to stay away from and have no contact with the alleged victim, and to stay away from the shared residence and the alleged victim’s workplace. Each condition of release remains in force until a judge changes the condition, even if the alleged victim asks the defendant to make contact. The firm’s page on the no contact order explains how the defendant or the Commonwealth can ask the judge to change a condition of release.

The Commonwealth may move to detain the defendant without bail under G.L. c. 276, § 58A when the charge involves abuse as G.L. c. 209A, § 1 defines abuse. The Commonwealth may also move for detention without bail when the defendant allegedly committed the offense while a 209A restraining order was in effect.

The judge holds the dangerousness hearing at the arraignment unless the defendant or the Commonwealth asks for a continuance. The defendant may ask for a continuance of up to seven days. The Commonwealth may ask for a continuance of up to three business days. The judge must hold the defendant in custody during the continuance if the Commonwealth shows probable cause for the arrest. The judge can order the defendant held without bail only on clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community.

Domestic Violence Charges in the Quincy District Court

The Commonwealth charges assault and battery on a family or household member 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. A first offense under § 13M is a misdemeanor. A judge can sentence a person convicted of a first offense to up to 2½ years in the house of correction, a fine of up to $5,000, or both.

A second or subsequent offense under § 13M is a felony. A judge can sentence a person convicted of a second or subsequent offense to up to 5 years in state prison or up to 2½ years in the house of correction.

When a person is convicted of a § 13M offense or placed on probation for a § 13M offense, the judge must order the person to complete a certified intimate partner abuse education program. The judge does not order the program if the judge makes specific written findings of good cause, or if the program determines that the person is unsuitable.

Strangulation or suffocation under G.L. c. 265, § 15D(b) is a felony on a first offense. A judge can sentence a person convicted of strangulation or suffocation to up to 5 years in state prison or up to 2½ years in the house of correction, a fine of up to $5,000, or both.

Intimidation of a witness under G.L. c. 268, § 13B is a felony. A judge can sentence a person convicted of intimidation of a witness to 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.

Violation of a 209A restraining order under G.L. c. 209A, § 7 is a misdemeanor. A judge can sentence a person convicted of violating a 209A restraining order to up to 2½ years in the house of correction, a fine of up to $5,000, or both. A plaintiff’s consent to contact is not a defense to a charge of violating a 209A restraining order, even when the plaintiff initiated the contact.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Quincy District Court. The Norfolk County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. When the alleged victim will not testify, the Commonwealth may try to prove the charge with 911 recordings, body camera footage, police observations, medical records, and photographs. 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. The firm’s spousal privilege FAQ explains when a spouse may refuse to testify.

The 209A Restraining Order Case in the Quincy District Court

A plaintiff who lives in Quincy, Braintree, Weymouth, Milton, Randolph, Holbrook, or Cohasset can file a 209A restraining order complaint in the Quincy District Court. A judge may issue a temporary 209A restraining order based on the plaintiff’s affidavit before the defendant receives notice. The court must then give the defendant an opportunity to be heard within ten court business days. Lawyers and judges call the hearing on the temporary order the ten-day hearing.

A defendant who testifies at the ten-day hearing testifies under oath about the incident. The court records the hearing. A prosecutor may obtain the recording and may offer the defendant’s testimony as evidence in the criminal case. The defendant may instead decline to testify at the 209A restraining order hearing by asserting the privilege against self-incrimination. The judge may draw an inference against the defendant from the defendant’s refusal to testify. The judge cannot extend the 209A restraining order based on the adverse inference alone.

When the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, the judge who issues a temporary 209A restraining order must order the immediate suspension of the defendant’s license to carry or firearms identification card. The judge must also order the defendant to surrender all firearms and ammunition. G.L. c. 209A, § 3B.

Self-Defense in a Shared Home

A person charged with domestic assault and battery may have used force to defend against an attack by the person who called the police. A defendant can raise self-defense at trial even when the police arrested the defendant and not the other person. When the trial evidence supports self-defense, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense.

A person attacked at home by a spouse or partner who also lives there must still take all reasonable steps to avoid physical combat before using force. Under the Massachusetts castle law, G.L. c. 278, § 8A, a resident has no duty to retreat from an attacker who is unlawfully in the home. Commonwealth v. Peloquin, 437 Mass. 204, 208 (2002). The castle law does not apply to a fight between two people who both live in the home. The firm’s page on self-defense and mutual combat in domestic violence cases explains the self-defense rules that apply in domestic violence cases.

Records, Firearms, and Immigration

After arraignment, the domestic violence charge appears on the defendant’s CORI record. A standard CORI report, which most employers and landlords receive, 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. Only a not guilty finding, a no bill, or a finding of no probable cause removes the abuse designation.

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 federal immigration definition of a conviction generally includes a typical Massachusetts continuance without a finding. 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 in the Quincy District Court. The firm’s page on domestic violence cases involving licensed professionals, students, and non-citizens describes the immigration questions a non-citizen faces.

Getting to the Quincy District Court and the Quincy Office

The Quincy District Court is at 1 Dennis Ryan Parkway, Quincy, MA 02169. Public parking is beside and behind the courthouse. Drivers pay at a central meter that the City of Quincy operates. A public pay garage across from the courthouse has its entrance on Cottage Avenue. The Quincy Center stop on the MBTA Red Line is the closest subway stop to the courthouse. The court’s probation department is at 1150 Hancock Street, Quincy, (617) 847-8963.

Attorney Serpa meets clients from Quincy, Braintree, Milton, Weymouth, and other South Shore towns at the Quincy office at 500 Victory Road, Suite 400A. North Quincy station on the MBTA Red Line is about two miles from the office. A person charged with domestic violence in the Quincy District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

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

The Quincy District Court hears criminal cases from Quincy, Braintree, Cohasset, Holbrook, Milton, Randolph, and Weymouth. A person arrested for domestic violence by the police in any of those seven towns is arraigned in the Quincy District Court. The Norfolk County District Attorney’s Office prosecutes the case.

Can the alleged victim drop a domestic violence charge in the Quincy District Court?

The alleged victim cannot drop the charge. The Norfolk County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. When the alleged victim will not testify, the Commonwealth may try to prove the charge with 911 recordings, body camera footage, photographs, medical records, or other witnesses.

Can I go home after a domestic violence arrest in Quincy?

In most cases, the arraignment judge orders the defendant to stay away from the alleged victim and the shared residence. The stay-away order remains in force until a judge changes the order, even if the alleged victim asks the defendant to come home. A judge can revoke the release of a defendant who goes home in violation of the stay-away order and hold the defendant in custody.

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

Attorney Serpa meets clients at the Quincy office at 500 Victory Road, Suite 400A, in the Marina Bay section of Quincy, about 4.6 miles from the Quincy District Court. 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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