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Wrentham Domestic Violence Lawyer for the Wrentham District Court

A person arrested for domestic violence by the Franklin, Walpole, Foxborough, Medway, Millis, Norfolk, Wrentham, or Plainville police faces a criminal case in the Wrentham District Court, at 60 East Street in Wrentham. The Norfolk County District Attorney’s Office prosecutes the case. The alleged victim often files a separate 209A restraining order case in the Wrentham 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 Wrentham 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 Wrentham 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.

Domestic Violence Arrests in Franklin, Walpole, Foxborough, and the Other Towns

The police in the eight 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 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.

Which Court and Which Prosecutor

The Wrentham District Court hears criminal cases from Franklin, Walpole, Foxborough, Medway, Millis, Norfolk, Wrentham, and Plainville. G.L. c. 218, § 1. The Dedham District Court hears cases from Medfield and Norwood, as the firm’s page on domestic violence cases in the Dedham District Court explains. The Attleboro District Court hears cases from North Attleborough and Mansfield. The Stoughton District Court hears cases from Sharon.

The Norfolk County District Attorney’s Office prosecutes the Wrentham District Court cases. The same office prosecutes the cases in the Brookline District Court, as the firm’s page on domestic violence cases in the Brookline District Court explains. A Wrentham 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 Norfolk County District Attorney’s Office prosecutes a felony that the District Court cannot try in the Norfolk County Superior Court, after a grand jury indicts the defendant.

A person under 18 accused of a domestic assault in one of the eight towns appears in the Juvenile Court.

Clerk-Magistrate Hearings When the Police Do Not Arrest

When the police do not arrest the accused person, the police may apply to the Wrentham 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.

When the clerk-magistrate denies the application, no complaint issues, no arraignment takes place, and no CORI entry results from the application. In the Wrentham District Court, two technology professionals who are parents faced companion applications for criminal complaints alleging reckless endangerment of a child under G.L. c. 265, § 13L. After a clerk-magistrate hearing at which Attorney Serpa presented a joint memorandum and exhibits, no criminal complaint issued on either application, as the firm’s results page describes.

The firm’s page on the clerk-magistrate hearing explains how to prepare for the hearing.

Gillette Stadium Events and Out-of-State Defendants

Gillette Stadium sits on Route 1 in Foxborough, within the Wrentham District Court’s territory. In Attorney Serpa’s experience, many defendants arrested after Patriots home games, concerts, and other events at Gillette Stadium live far from Massachusetts. A person arrested for assaulting a spouse or partner at a stadium event appears for arraignment in the Wrentham District Court. A defendant must appear at the arraignment unless the judge allows otherwise.

A defendant who returns home to another state must still follow every condition of release, including a stay away and no contact order. A court in another state must enforce a Massachusetts 209A restraining order under the federal full faith and credit provision for protection orders. 18 U.S.C. § 2265.

The Alleged Victim Cannot Drop the Charges

The alleged victim cannot drop a domestic violence charge in the Wrentham District Court. The Norfolk County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. The Norfolk 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 Wrentham 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 in the Wrentham District Court

The Wrentham District Court holds 209A restraining order hearings. A judge may issue a temporary 209A restraining order without the defendant present. 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). A 209A restraining order case often proceeds at the same time as a divorce or custody case in the Norfolk Probate and Family Court. A statement that a party makes in the 209A restraining order case can become evidence in the family court case and in the criminal 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.

Records, Firearms, Professionals, and Immigration

An arraignment creates a public criminal case and a CORI entry. A defendant whose Wrentham 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 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 licensed professional may have to report a domestic assault charge, a conviction, or a continuance without a finding to a licensing board, depending on the board’s rules. 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).

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.

Getting to the Wrentham District Court

The Wrentham District Court is at 60 East Street, Wrentham, MA 02093. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office answers at (508) 384-3106. The probation department answers at (508) 384-8141.

A parking lot sits behind the courthouse. No public transportation serves the courthouse, which sits near Interstate 495 and Route 1.

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 Wrentham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

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

The Wrentham District Court hears criminal cases from Franklin, Walpole, Foxborough, Medway, Millis, Norfolk, Wrentham, and Plainville. The Norfolk County District Attorney’s Office prosecutes the case. The Dedham District Court hears cases from Medfield and Norwood.

I was arrested for domestic assault after a Gillette Stadium event and live out of state. What happens next?

The defendant appears for arraignment in the Wrentham District Court unless the judge allows otherwise. A defendant who returns home must still follow every condition of release, including a stay away and no contact order. A court in another state must enforce a Massachusetts 209A restraining order under 18 U.S.C. § 2265.

Can the alleged victim drop a Wrentham domestic violence charge?

The alleged victim cannot drop the charge. The Norfolk County District Attorney’s Office decides whether the Commonwealth continues to prosecute the charge. A married alleged victim may refuse to testify in a § 13M case under the spousal privilege in G.L. c. 233, § 20.

How does a person charged with domestic violence in Wrentham contact Attorney Serpa?

A person charged with domestic violence in the Wrentham District Court can call Serpa Law Office at 617.936.0201. 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.

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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.

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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.

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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.

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