What are the Penalties for Domestic Violence in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/18/2019

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Penalties for Domestic Violence in Massachusetts

The penalties for domestic violence in Massachusetts can range from jail time to probation. This depends on the circumstances of the offense and your record.

Domestic violence is a serious offense in Massachusetts law and can carry jail time, holding you without bond, and other serious penalties. If you’re charged with domestic violence, contact a criminal defense attorney in Boston MA to begin preparing your defense. Contact the Law Office of Matthew Peterson today at (617) 295-7500 to get started on your defense.

What is Domestic Violence in Massachusetts?

The main domestic violence offense, assault and battery on a family or household member, consists of an assault and battery on someone with a certain relationship with you. The other person must be – (1) a spouse or former spouse, (2) have a child in common, or (3) have had a substantial dating relationship.

Can I Be Held in Jail for Domestic Violence?

In Massachusetts, you must be held for at least six hours on a domestic violence offense. Furthermore, the judge must carefully weigh the victim’s safety when deciding bail for someone accused of domestic violence. Domestic violence can also result in a dangerousness hearing. This could mean you’re held without bail for up to 120 days or until trial.

Can I go to Prison for Domestic Violence in Massachusetts?

Assault and Battery on a Family or Household Member can be either a felony or a misdemeanor in Massachusetts. This depends on whether you have a prior domestic violence offense.

For a first offense, you can be punished up to two-and-a-half years in jail (or House of Corrections) and/or a $5,000 fine. For a second offense, you can be punished with a sentence of prison up to five years or a House of Corrections sentence up to two-and-a-half years.

Importantly, a domestic violence offense can affect your right to own a firearm and your immigration status. You can also be subject to a restraining order if charged with domestic violence.

What are the Defenses to a Domestic Violence Charge?

A charge of assault and battery on a family or household member has many defenses. A skilled criminal defense attorney can help you win your domestic violence charge. The defenses include self-defense, identity, and that no assault and battery occurred.

Your Boston Domestic Violence Attorney

If you’re charged with domestic violence, you need to hire an experienced criminal defense attorney in Boston Massachusetts immediately. I have secured dismissals in dozens of domestic violence charges. Contact the Law Office of Matthew Peterson today, and we’ll get started on your defense. Call (or text) us at (617) 295-7500.

FAQs

1. What should I do if I am falsely accused of domestic violence in Massachusetts?

If you are falsely accused of domestic violence, it is crucial to remain calm and not confront the accuser. Gather any evidence that supports your innocence, such as text messages, emails, or witness statements. Contact a skilled criminal defense attorney immediately to discuss your options and develop a strategy for your defense.

2. How does a domestic violence charge affect custody arrangements?

A domestic violence charge can significantly impact custody arrangements. Courts prioritize the safety and well-being of the child, and a conviction may lead to supervised visitation or even loss of custody. It is essential to consult with a family law attorney to understand your rights and options in custody matters.

3. Can I have my domestic violence in Massachusetts record expunged?

In Massachusetts, expungement of a domestic violence record is generally not possible if you were convicted. However, if you were found not guilty or the charges were dismissed, you may be eligible for expungement. Consult with an attorney to explore your specific situation and options for clearing your record.

4. What resources are available for victims of domestic violence in Massachusetts?

Victims of domestic violence in Massachusetts can access various resources, including hotlines, shelters, and counseling services. Organizations like the Massachusetts Coalition Against Domestic Violence provide support and assistance to those in need. It’s important for victims to seek help and know they are not alone.

5. What is the role of a restraining order in domestic violence cases?

A restraining order (or protective order) is a legal order issued by a court to protect an individual from harassment or harm by another person. In domestic violence cases, it can prohibit the accused from contacting or coming near the victim. Violating a restraining order can lead to serious legal consequences, including arrest and additional charges.