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Woburn Domestic Violence Lawyer for the Woburn District Court

A person arrested for domestic violence by the Woburn, Burlington, Winchester, Wilmington, Stoneham, Reading, or North Reading police faces a criminal case in the Woburn District Court, at 30 Pleasant Street in Woburn. The police bring the person to the Woburn District Court for arraignment on the next court day. 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 Commonwealth commonly charges assault and battery on a family or household member under G.L. c. 265, § 13M, in a Woburn domestic violence case. The Commonwealth charges an assault and battery on a roommate, a sibling, or another household member outside the § 13M relationships under the general assault and battery statute, G.L. c. 265, § 13A. The Commonwealth also often charges strangulation or suffocation, threats to commit a crime, intimidation of a witness, or violation of a 209A restraining order in the same case.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Attorney Serpa represents defendants in the Woburn 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 Woburn, Burlington, Winchester, and Nearby Towns

A domestic violence case in the Woburn District Court usually begins with an arrest. Under G.L. c. 209A, § 6, arrest is the preferred police response when an officer has probable cause to believe that a person committed a misdemeanor involving abuse and no protective order is in effect. The police departments in all seven towns bring the people they arrest for domestic violence to the Woburn District Court.

A bail commissioner or clerk-magistrate cannot release a person arrested for a domestic violence offense from the police station until six hours after the arrest. Only a judge in open court can release the person sooner. G.L. c. 276, § 42A.

At the arraignment, the judge releases the defendant on personal recognizance, admits the defendant to 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 condition can keep the defendant out of a shared 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. Section 58A applies to a misdemeanor or felony involving abuse, and to an offense allegedly committed while a 209A restraining order was in effect. The firm’s page on the dangerousness hearing explains the continuances, the evidence, and the clear and convincing evidence standard at the hearing.

Domestic Violence Charges and Penalties in the Woburn District Court

A person convicted of a first offense of assault and battery on a family or household member 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. A 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. The judge does not order the program if the judge makes specific written findings of good cause, or if the program finds the person unsuitable.

Strangulation or suffocation under G.L. c. 265, § 15D(b) is a felony punishable by up to 5 years in state prison. Intimidation of a witness under G.L. c. 268, § 13B is a felony punishable by up to 10 years in state prison. Violation of a 209A restraining order under G.L. c. 209A, § 7 is punishable by up to 2½ years in the house of correction, a fine of up to $5,000, or both.

A District Court judge in Woburn can impose up to 2½ years in the house of correction on a single charge, but a District Court judge cannot impose a state prison sentence. The Middlesex Superior Court also sits in Woburn. The Middlesex County District Attorney’s Office may seek an indictment in the Middlesex Superior Court for a domestic violence felony. A Superior Court judge can impose a state prison sentence.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Woburn 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 proceeds with a domestic assault case even when the alleged victim asks the prosecutor to drop the charge. The prosecutor relies on the police officers’ observations, the 911 recording, photographs, and medical records.

The firm’s page on what happens when the alleged victim will not testify explains the limits on using a 911 recording or an on-scene statement when the alleged victim does not testify at trial. 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.

The 209A Restraining Order Hearing in the Woburn District Court

The Woburn District Court hears 209A restraining order applications from people who live in the seven towns. A judge may issue a temporary 209A restraining order without the defendant present. The court then holds a hearing within ten court business days, at which the defendant may appear and the judge decides whether to extend the order. G.L. c. 209A, § 4.

A defendant who testifies at the ten-day hearing testifies under oath. The court records the testimony. A prosecutor may offer the defendant’s testimony as evidence in the criminal case. The defendant may decline to testify by asserting the privilege against self-incrimination. The judge may then draw an inference against the defendant from the refusal to testify, but the judge cannot extend the 209A restraining order based on the adverse inference alone. The firm’s page on a 209A restraining order and criminal charges from the same incident explains what happens in the criminal case when the alleged victim also seeks a 209A restraining order.

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.

Professional Licenses, Security Clearances, Records, and Immigration

Many people charged in the Woburn District Court hold a professional license or a security clearance. Engineers and managers at technology companies along Route 128 may hold a security clearance or a work visa. Nurses, teachers, and accountants from Winchester and the commuter towns may have to report a charge to a licensing board, depending on the board’s rules. Attorney Serpa reviews the licensing board’s question or the clearance form with the client while the criminal case is pending.

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.

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. A defendant whose case ends in a dismissal may ask the court to seal the court 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 and after sealing.

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 get advice from an immigration lawyer before any plea or admission in the Woburn District Court. The firm’s page on domestic violence cases involving licensed professionals, students, and non-citizens describes the licensing and immigration questions for people charged with domestic violence.

Getting to the Woburn District Court

The Woburn District Court is at 30 Pleasant Street, Woburn, MA 01801, in downtown Woburn near the interchange of Interstate 93 and Interstate 95 (Route 128). The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The main courthouse number, (781) 935-4000, connects callers to the clerk’s office and the probation department. The criminal clerk’s office answers at extension 235.

The courthouse offers free public parking. MBTA bus routes 134 and 354 serve Woburn. Winchester Center Station on the MBTA Lowell commuter rail line is the closest train stop to the courthouse.

Serpa Law Office has offices at 20 Park Plaza, Suite 400A, in Boston and at 500 Victory Road, Suite 400A, in Quincy. A person charged with domestic violence in the Woburn District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

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

The Woburn District Court hears criminal cases from Woburn, Burlington, Winchester, Wilmington, Stoneham, Reading, and North Reading. The police in those seven towns bring people arrested for domestic violence to the Woburn District Court for arraignment. The Middlesex County District Attorney’s Office prosecutes the case.

Will the Middlesex County District Attorney’s Office drop a domestic assault charge if the alleged victim asks?

The alleged victim cannot drop the charge. 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 proceeds with a domestic assault case even when the alleged victim asks the prosecutor to drop the charge. The prosecutor relies on police observations, the 911 recording, photographs, and medical records.

What should a nurse, teacher, or security clearance holder do after a domestic violence arrest in Woburn?

A licensed professional or a clearance holder should find out exactly what the licensing board or the clearance form asks before answering any question about the arrest. A licensing board’s question or a clearance form may ask about an arrest, a pending charge, or a conviction. Attorney Serpa reviews the question with the client while the criminal case in the Woburn District Court is pending.

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

Attorney Serpa meets clients at the Boston office at 20 Park Plaza, Suite 400A, and at the Quincy office at 500 Victory Road, 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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