Charged With Assault and Battery on a Family or Household Member or Other Massachusetts Domestic Violence Offenses?

Written and Legally Reviewed by Attorney Joe Serpa Lead Trial Counsel | 30+ Years Experience in MA Criminal Courts | Last Updated: March 2026

Boston Domestic Violence Defense Attorney: Protecting Your Future and Your Family

Massachusetts criminal procedure is uniquely complex and intricate. When it comes to domestic violence cases, the stakes are deeply personal and the legal consequences are severe. Successfully defending these cases requires more than just a basic knowledge of the law; it demands sophisticated trial and courtroom skills, alongside a deep familiarity with the day-to-day workings of the Massachusetts criminal courts.

Attorney Joe Serpa is a premier Massachusetts criminal defense lawyer with over 25 years of experience in the state’s courts. He has built a superb record of dismissals and acquittals in domestic violence cases by combining aggressive legal advocacy with a nuanced understanding of family dynamics.

Common Domestic Violence Charges in Massachusetts

If you have been arrested for a domestic violence crime, you are likely facing one or more of the following serious offenses. (Click on each link below for a detailed description of these offenses and how we defend them.)

• Assault and Battery on a Family or Household Member: Elevated from a standard assault charge, this carries specific, enhanced penalties and requires the prosecution to prove a specific relationship between the parties.
• Violation of a 209A Restraining Order: In Massachusetts, violating an active abuse prevention order is a strict liability criminal offense that often results in immediate arrest, even for non-violent contact.
• Intimidation of a Witness: Often charged when an accused individual attempts to contact an alleged victim to apologize, discuss the case, or ask them not to testify.
• Strangulation or Suffocation: A felony offense in Massachusetts that carries the potential for state prison time and is treated with extreme severity by prosecutors.

The Emotional Toll and Massachusetts “Pro-Arrest” Policies

Domestic violence arrests and prosecutions in Massachusetts are emotionally fraught for everyone involved. Violence against loved ones is incredibly destructive, and if you have struggled with aggression toward a loved one, we strongly encourage seeking treatment or counseling. Your family deserves safety, and taking proactive steps toward rehabilitation is always the right choice—both personally and legally.

However, the reality of the Massachusetts justice system is that police and District Attorney’s Offices are under immense public and political pressure to arrest and fully prosecute every domestic violence call, no matter how minor.

While this policy is designed to protect vulnerable people, it often forces police into making split-second decisions at chaotic scenes. When both parties to a dispute are upset, yelling, or even mutually physical, officers will frequently make an arrest simply to defuse the situation. All too often, the wrong person is arrested, or minor arguments are blown drastically out of proportion by the time they reach a courtroom.

Critical Defenses: Evidentiary Privileges in Massachusetts

Because domestic violence incidents typically happen behind closed doors, prosecutions rely heavily on the live testimony of an eyewitness—usually the spouse or partner. When cases go to court, it is common for witnesses to want the charges dropped or to decline to testify against their loved ones. Attorney Serpa explores every legal avenue to resolve these cases, including:

• The Massachusetts Spousal Privilege: Under Massachusetts law (G. L. c. 233, §20), a person cannot be forced to testify against their spouse in a criminal proceeding. This “marital privilege” belongs to the witness, not the accused. If a spouse chooses to invoke this right, the prosecution often loses its primary evidence, which can lead to a dismissal. (Note: District Attorney’s offices are also generally prohibited from calling children as witnesses in cases alleging a crime against a parent, provided the child lives in the same home as the accused.)
• The Privilege Against Self-Incrimination (Fifth Amendment): Every witness has a constitutional right against self-incrimination. In the heat of an argument, it is common for both partners to engage in acts of violence, mutual combat, or verbal threats. If testifying truthfully would force the alleged victim to admit to a crime—even if they were never arrested or charged—they are entitled to invoke their Fifth Amendment right to decline to testify.

Both of these privileges must be carefully explored by an experienced Massachusetts criminal lawyer. Invoking these rights often leads directly to the dismissal of domestic violence charges.

Criminal Defense at Trial: Striking the Right Tone

Some Massachusetts domestic violence cases simply cannot be resolved before trial. District Attorney’s offices view the prosecution of domestic violence as a top priority, and sometimes a pretrial agreement is impossible. When a trial is necessary, courtroom demeanor is everything.

Striking the right tone before a judge and jury is critical. This is no time for a defense lawyer to grandstand, posture, or attack an alleged victim unnecessarily. Whether the accused is factually innocent, acted in self-defense, or is facing exaggerated charges, a domestic violence defense lawyer must remain sensitive to the gravity of the accusations.

Treating the proceedings and the alleged victim—even a dishonest one—with respect is not only the right approach; it is the approach that wins cases. Juries recognize and appreciate this measured, professional approach. This meticulous and respectful strategy is exactly why Attorney Joe Serpa has never lost a trial alleging domestic violence offenses in over twenty-five years of criminal trial experience.

Please give our Boston criminal defense law office a call at (617) 936-0201 to discuss the best possible outcome in your criminal defense case in the Massachusetts District Court or Boston Municipal Court.