How Massachusetts Domestic Violence Charges Are Prosecuted and Resolved

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995

Prepared by Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 | Serpa Law Office, Boston and Quincy | Last Reviewed: August 2026

A Massachusetts domestic violence case begins with a criminal allegation, but it may quickly involve bail conditions, a 209A abuse prevention proceeding, firearm restrictions, and employment or immigration concerns. The criminal charge, the bail conditions, the 209A abuse prevention proceeding, the firearm restrictions, and any employment or immigration concerns each involve a different legal standard and can affect one another.

The complaining witness does not control the criminal process. The Commonwealth decides whether to prosecute after a criminal complaint issues. A request to withdraw the allegation, a reconciliation, or a decision not to testify can change the available evidence, but the case does not end automatically because of any of those events.

Under G.L. c. 233, § 20, neither spouse may be compelled to testify in a criminal proceeding against the other, apart from the child abuse exception, so a married complainant may decline to testify against the defendant. The private-conversation disqualification in the same section does not assist a defendant charged with a crime against a spouse, because the disqualification does not apply to that charge. The spousal testimonial privilege and the private-conversation disqualification are both set out on the firm’s Massachusetts spousal privilege and marital communications page.

This guide explains each stage of a Massachusetts domestic violence charge, from the police response through arraignment, pretrial litigation, disposition, and trial. The guide also identifies the stages at which defense counsel, through careful work, can change the result.

What Makes a Criminal Charge a Domestic Violence Case

The charge brought most often in a domestic violence case is assault or assault and battery on a family or household member under G.L. c. 265, § 13M. A first offense is punishable by up to two and one-half years in a house of correction, a fine of up to $5,000, or both.

Section 13M uses a specific relationship definition that covers spouses and former spouses, people who have a child together, and people who are or have been in a substantive dating or engagement relationship. The prosecution must prove the qualifying relationship as an element of the offense.

Chapter 209A uses a broader definition for civil abuse prevention orders. The Chapter 209A definition also includes relatives by blood or marriage and people who live or formerly lived together. A relationship may therefore support a petition for a 209A abuse prevention order even when the relationship does not satisfy § 13M.

The facts may support additional charges, but the conduct must satisfy each statute. Taking a phone does not automatically prove witness intimidation. Neck contact does not by itself prove strangulation, and the presence of an object does not establish a dangerous-weapon offense.

Common companion allegations include strangulation or suffocation, ADW or ABDW, witness intimidation, threats, malicious destruction of property, and violation of an active protective order.

The Police Response and the Arrest Decision

G.L. c. 209A, § 6 requires an officer to arrest a person whom the officer witnesses violating, or has probable cause to believe has violated, a qualifying protective order. Without a protective order in effect, arrest is the preferred response for a felony, a misdemeanor involving Chapter 209A abuse, or an assault and battery under § 13A.

The statute does not require an arrest on every domestic call. The statute distinguishes an order violation, for which the arrest command applies, from other alleged abuse, for which arrest is the preferred response. Probable cause is still required.

The complaining witness cannot require or prevent an arrest. Officers evaluate statements, injuries, the scene, recordings, witnesses, active orders, and other circumstances. The statute requires additional reporting by the police when both sides accuse each other and the police arrest both of them.

A person who is arrested usually does not have a clerk-magistrate hearing. The accused may have a clerk-magistrate hearing if the police seek a complaint by application instead of making an arrest, depending on the charge and how the application began.

The Six-Hour Bail Rule

The six-hour rule appears in G.L. c. 276, § 42A, not in the general bail statute. An adult arrested for a qualifying protective-order violation, an act that would constitute Chapter 209A abuse, or a violation of §§ 13M or 15D ordinarily may not be admitted to bail sooner than six hours after arrest.

A judge in open court may order an earlier release. The statute also permits release conditions designed to protect the alleged victim, another person, or the community. Police or the district attorney must make a reasonable effort to provide notice of release in the circumstances specified by the statute.

The six-hour period does not establish guilt and is not a minimum sentence. The six-hour period is a restriction on the timing of bail after an adult arrest.

Arraignment, Bail Conditions, and Stay Away No Contact Orders

Arraignment is the first court appearance on the criminal complaint. The charge is read, the court enters a plea of not guilty, and counsel appears for the defendant. The judge then decides whether to release the defendant on personal recognizance or set bail, sets any conditions of release, and addresses any request for a dangerousness hearing.

Under § 42A, the criminal court may impose conditions after a hearing and finding to protect the alleged victim and prevent a recurrence of abuse. Conditions may restrict contact, travel, association, or residence. Every condition remains binding until a judge changes it, even if the complainant requests contact.

A stay away no contact order in a criminal case is different from a civil 209A abuse prevention order. A 209A abuse prevention order requires a separate complaint and the findings required by Chapter 209A. A judge does not automatically issue a 209A abuse prevention order merely because a defendant is arraigned on a domestic violence charge.

Section 6 of Chapter 209A also provides for a written no-contact order upon the alleged victim’s request when a person charged with or arrested for a crime involving abuse is released. Defense counsel should confirm the exact source and terms of an order from the court papers.

The Separate 209A Abuse Prevention Proceeding

A plaintiff may request a temporary 209A abuse prevention order without the defendant present. The court then holds a hearing after notice to the defendant. The civil judge decides whether the plaintiff proved abuse as defined in Chapter 209A and whether an abuse prevention order is necessary. In the criminal case, the Commonwealth must prove the charged offense beyond a reasonable doubt.

The criminal case and the 209A abuse prevention proceeding are separate, so one can continue after the other ends. Testimony given at a hearing on a 209A abuse prevention order may also become evidence in the criminal case. A defendant with both a criminal case and a 209A abuse prevention proceeding pending should make a coordinated decision about testifying while the Fifth Amendment is implicated.

A 209A abuse prevention order may include no-contact, stay-away, residence, custody, and other terms authorized by the statute. A defendant who violates a 209A abuse prevention order can face a new criminal charge even if the underlying criminal case is later dismissed.

Firearms and a 209A Abuse Prevention Order

A person accused of a crime does not, for that reason alone, face every firearm consequence in Chapter 209A. For a temporary or emergency order, G.L. c. 209A, § 3B requires the suspension and surrender of the defendant’s firearms licenses and firearms when the plaintiff demonstrates a substantial likelihood of immediate danger of abuse. Under § 3C, the judge applies a likelihood-of-abuse standard when deciding at the hearing after notice whether to continue the suspension and surrender. The firm’s guide to firearms after a domestic violence charge or protective order explains the state and federal rules separately.

Dangerousness Hearings Under G.L. c. 276, § 58A

The Commonwealth may move for a dangerousness hearing when the charge fits a category listed in G.L. c. 276, § 58A. The listed categories include a misdemeanor or felony involving abuse as defined in Chapter 209A and certain charges brought while a protective order was active.

A judge may order the defendant detained only after finding by clear and convincing evidence that no release conditions will reasonably assure the safety of another person or the community. Absent good cause, detention is limited to 120 days in the District Court or 180 days in the Superior Court. The dangerousness hearing page explains the evidence, the defendant’s rights, and Superior Court review.

Why the Complainant Cannot Drop the Charge

A criminal complaint is prosecuted by the Commonwealth. The complainant may tell the prosecutor that the allegation was mistaken, provide additional evidence, decline a voluntary interview, or assert a lawful privilege. The prosecutor still decides whether the available evidence supports continued prosecution.

Massachusetts also excludes domestic abuse from accord and satisfaction. G.L. c. 276, § 55 does not authorize accord and satisfaction for a § 13M or § 15D violation, a qualifying protective-order violation, or conduct that would constitute Chapter 209A abuse.

A judge generally cannot dismiss a valid complaint over the prosecutor’s objection merely because the complainant wants the case to end. A dismissal can still result from a legal defect, insufficient probable cause, exclusion of necessary evidence, a prosecution decision, or inability to proceed at trial.

The pages on how Massachusetts criminal cases are dismissed and recantation in a domestic violence case explain the grounds for dismissal in more detail.

911 Calls, Body Cameras, and Digital Evidence

The prosecution and defense should preserve the original evidence. The original evidence may include the complete 911 call, dispatch records, body-camera footage, photographs, medical records, surveillance video, messages, call logs, and the phones or accounts from which communications came.

Body-camera footage can corroborate or contradict the report. The footage may show the timing of statements, the condition of the scene, visible injuries, the conduct of each participant, the questions officers asked, and gaps between the recording and the written narrative.

For phone evidence, defense counsel examines who owned the device, who supplied the communication, the scope of any consent, and whether police used a warrant. Riley v. California generally requires a warrant to search the digital contents of a phone seized from an arrestee, subject to recognized exceptions.

A message sent while a no-contact order is active may establish a violation if the Commonwealth proves the order, knowledge, prohibited contact, and the defendant’s responsibility for the message. A message sent in violation of a no-contact order does not automatically establish intimidation or forfeiture by wrongdoing.

A Case Without the Complainant’s Testimony

The case does not end automatically when the complainant is absent. The Commonwealth may rely on other witnesses, recordings, photographs, records, or prior statements admitted under an exception such as the excited utterance rule in Massachusetts Guide to Evidence § 803(2). A testimonial statement by an unavailable witness generally cannot be admitted without a prior opportunity for cross-examination. The related guides to excited utterances and an unavailable accuser and impeaching an absent declarant under Section 806 address the trial analysis.

Forfeiture by Wrongdoing and Witness Intimidation

Forfeiture by wrongdoing does not result from ordinary nonappearance, reconciliation, or every prohibited contact. The Commonwealth must prove wrongful conduct intended to cause the witness’s unavailability. The defendant forfeits the Confrontation Clause objection only after the judge makes the required findings.

Witness intimidation under G.L. c. 268, § 13B also has defined elements. A defendant who asks a witness to lie, withhold evidence, avoid court, or change testimony can face a separate charge when the Commonwealth can prove the statute’s conduct and intent requirements.

A defendant should comply exactly with every stay away no contact order and should not ask another person to carry a message. Conduct that a court order prohibits remains prohibited even if the complainant invites or consents to the conduct.

The Spousal Testimonial Privilege

Under G.L. c. 233, § 20, a spouse generally cannot be compelled to testify in a criminal proceeding against the other spouse. The witness spouse controls the spousal testimonial privilege, subject to the statute’s exceptions, including proceedings relating to child abuse. The separate rule for private marital conversations does not apply in a criminal proceeding alleging that one spouse committed a crime against the other or violated a qualifying protective order obtained by the other spouse. The firm’s page on Massachusetts spousal privilege and marital communications explains both rules.

Defenses That Address the Charged Elements

The qualifying relationship is not proved. Section 13M does not cover every relative, roommate, or person who dated briefly. The Commonwealth must prove a relationship listed in the statute.

No assault or battery occurred. Video, physical evidence, the scene, timing, and prior statements may show that the alleged contact did not occur, was accidental, or cannot be attributed to the defendant beyond a reasonable doubt.

Self-defense or defense of another applies. The Commonwealth must prove beyond a reasonable doubt that the conduct was not justified once the evidence raises a lawful justification. The question whether the conduct was justified may depend on the amount of force, the perceived threat, reasonable efforts to avoid combat, and the identity of the first aggressor.

A companion felony is overcharged. Strangulation, ABDW, and witness intimidation each require proof beyond the underlying argument or touching. The defense should address the elements of each companion felony separately and should not allow the prosecution to use the domestic violence label as a substitute for proof.

Necessary evidence is inadmissible. A statement may be inadmissible under the hearsay rule or the Confrontation Clause, or for lack of authentication or a records foundation. Digital evidence may also be subject to suppression if police exceeded lawful authority.

The firm’s Massachusetts self-defense guide explains nondeadly force, deadly force, retreat, and prior-act evidence.

How Massachusetts Domestic Violence Cases End

Dismissal before trial. The prosecutor may enter a nolle prosequi or decide not to proceed. A judge may dismiss the complaint for a recognized legal reason, including insufficient probable cause. A judge may also exclude necessary evidence, leaving the Commonwealth unable to prove the charge.

Dismissal on the trial date. A witness may be absent or may invoke a valid privilege. The remaining admissible evidence may then be insufficient. The prosecutor, not the witness, determines whether the Commonwealth can proceed. A dismissal ends the prosecution but does not clear the records created during the case. The arraignment CORI entry, the confidential police file, and the abuse designation under G.L. c. 276, § 56A all remain. The page on the records a dismissed domestic violence case leaves behind explains those records in more detail.

Pretrial probation or another nontrial resolution. The availability of pretrial probation or another nontrial resolution depends on the charge, the prosecutor’s position, the court’s authority, the evidence, and the defendant’s circumstances. The defendant and defense counsel must review the conditions and record consequences before the defendant agrees to pretrial probation or another nontrial resolution.

A continuance without a finding. A CWOF comes after an admission or guilty plea and a judicial finding sufficient for guilt. The judge then continues the case without a finding and places the defendant on probation. A CWOF completed successfully is not a Massachusetts conviction, but other legal systems may treat a CWOF as a conviction.

For a § 13M violation or CWOF, the statute requires a certified Intimate Partner Abuse Education Program unless the court makes written good-cause findings or the program finds the defendant unsuitable.

Trial. The Commonwealth must prove every element beyond a reasonable doubt with admissible evidence. The issues at trial may include credibility, identity, injury, the relationship element, self-defense, or whether the evidence proves the charged felony rather than a different or lesser offense.

Records, Firearms, Immigration, and Professional Licensing

An arraignment creates a CORI entry. A domestic case can also create entries in the statewide domestic violence record keeping system. The treatment of the CORI entry and of any domestic violence record keeping entries depends on the disposition and the particular system.

Defense counsel must analyze firearm consequences separately under state and federal law. The firearm consequences may depend on a protective order, release condition, licensing decision, offense elements, relationship, plea record, sentence, and whether federal law treats the disposition as a conviction.

Defense counsel must analyze the immigration consequences before the defendant enters a plea, makes an admission, or accepts a CWOF. A reduction from § 13M to another offense does not automatically eliminate federal consequences, because the application of federal domestic-violence rules may depend on the relationship and the record, not only on the state offense title.

Professional and educational consequences vary. A board, employer, school, or clinical program may apply its own disclosure and conduct rules. A parallel proceeding may continue even after the criminal case is dismissed.

The firm’s guides to domestic violence defense for professionals, students, and noncitizens, domestic violence immigration consequences, and criminal records and outcomes explain those issues.

Frequently Asked Questions

How Attorney Serpa Handles a Domestic Violence Case

Attorney Serpa begins by reviewing the criminal complaint, police report, 911 recordings, body-camera footage, photographs, medical records, digital communications, protective-order file, and release conditions. Attorney Serpa identifies the charged elements and admissibility issues before the defense chooses a disposition or trial strategy.

Attorney Serpa coordinates the defense when a 209A abuse prevention proceeding, licensing matter, school process, firearm issue, or immigration concern is pending, so that a decision in one proceeding does not unnecessarily damage another.

Serpa Law Office represents defendants in the Boston Municipal Court and Massachusetts District and Superior Courts. To discuss a pending domestic violence charge, call 617.936.0201 or request a confidential consultation.

Related Serpa Law Office Resources

• Boston Domestic Violence Defense Guide
• Massachusetts Domestic Violence FAQs
• Criminal Violation of a 209A Restraining Order
• Recantation in a Domestic Violence Case
• CWOF, Pretrial Probation, and Diversion
• Massachusetts Criminal Defense Results