In Massachusetts, there is no single criminal offense called “domestic violence.” Instead, domestic violence charges refer to a category of crimes, such as assault, assault and battery, or threats, that are elevated in seriousness when committed against a family or household member. From the moment police respond to a call, the legal system moves quickly and it moves against you.
Under Massachusetts law, officers who have probable cause to believe a domestic violence offense has occurred are required to make an arrest. There is no discretion. There is no “cooling off” conversation at the door. If you are facing domestic violence charges in Boston or anywhere in Suffolk County, you need an experienced Boston domestic violence attorney on your side before your case gains any more momentum.
At Nate Amendola Defense, we understand what is at stake. A conviction can mean jail time, a permanent criminal record, loss of your right to possess a firearm, damaged relationships, and consequences that follow you for years. We fight hard for our clients at every stage, from arraignment through trial, and we know how to build a defense when the system is working against you. When your back is up against the wall, you need a criminal defense lawyer in Boston who can step in and help you take back control of your life.
Types of Domestic Violence Related Charges We Handle in Boston
Domestic violence charges in Massachusetts can include, but are not limited to:
- Assault: placing another person in reasonable fear of imminent physical harm
- Assault and Battery: the intentional, harmful, or offensive touching of another person
- Aggravated Assault and Battery: assault and battery involving serious bodily injury, a dangerous weapon, or a vulnerable victim
- Strangulation: now a felony under Massachusetts law, defined as impeding the normal breathing or circulation of blood of another person
- Threats: communicating intent to commit a crime against a person or their property
- Stalking: engaging in a pattern of conduct that causes a person to suffer substantial emotional distress or places them in fear of serious physical harm
- Harassment: a knowing pattern of conduct directed at a specific person that causes that person fear or intimidation
- Restraining Order Violation: any contact or conduct prohibited by an active abuse prevention or harassment prevention order
For a free legal consultation with a domestic violence lawyer serving Boston, call (781) 740-0800
How Massachusetts Domestic Violence Law Works
The law covers a broad range of relationships. A charge is considered domestic in nature when the parties involved are spouses or former spouses, individuals who live together or have lived together, people related by blood or marriage, individuals who share a child, or individuals who are or have been in a dating relationship. Sexual orientation is not a factor in determining whether a relationship qualifies.
Massachusetts takes a firm and aggressive stance on domestic violence offenses. When police respond to a domestic violence report and have probable cause to believe an offense has occurred, an arrest is mandatory. There is no discretion to simply separate the parties or issue a civil citation. Once an arrest is made, the person arrested cannot be released on bail/pretrial release sooner than six hours after the arrest, except if a judge orders otherwise in open court. This mandatory hold applies regardless of the circumstances.
Prosecutors can, and often do, move forward with a case even when a victim recants or declines to cooperate.This means that even if the alleged victim in your case no longer wants to press charges, the Commonwealth may still prosecute you. That decision belongs entirely to the district attorney’s office. This is demonstrative of how even false accusations of domestic violence made against you could have potentially devastating consequences.
Boston Domestic Violence Lawyer Near Me (781) 740-0800
The Stakes Are High for Those Accused of Domestic Violence Offenses
Beyond the mandatory hold, the stakes at the bail stage can be significant. Under M.G.L. Chapter 276 § 58A, prosecutors can move to hold a defendant without bail for up to 120 days if they can demonstrate that no conditions of release will ensure public safety.
At a dangerousness hearing, the prosecutor will present evidence in the form of witness statements, police reports, testimony, and prior charges to show that release would pose an imminent threat to the community. If the court agrees that no available options other than incarceration would keep the public or the victim safe, the defendant will be held until the trial date or 120 days, whichever comes first.
Additionally, domestic violence information contained in police reports is confidential prior to arraignment, but once you are arraigned, your identity and the details of the charges become part of the public record. The window between arrest and arraignment is critical, and having an attorney working on your behalf from the very beginning can make a significant difference in how your case unfolds.
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Abuse Prevention Orders in Massachusetts Domestic Violence Cases
In many domestic violence cases, a criminal charge is accompanied by a civil abuse prevention order, commonly known as a restraining order or 209A order. Under M.G.L. Chapter 209A, a court may issue such an order against any person who has committed abuse, placed another in reasonable fear of imminent serious physical harm, or caused another to engage in sexual relations by force or threat. These orders are frequently issued on an emergency basis, often without the defendant present, and can take effect the same day a complaint is filed. An active 209A order can require you to vacate a shared residence, prohibit all contact with the protected person, restrict access to your children, and mandate the surrender of any firearms or licenses to carry.
Violating an abuse prevention order is a criminal offense under M.G.L. Chapter 209A § 7, punishable by up to two and a half years in the House of Correction and a fine of up to $5,000. Every text message, phone call, and indirect communication made in violation of an active order carries serious legal consequences. If you are facing both a 209A order and criminal charges simultaneously, having an attorney who understands how to navigate both tracks at once is essential.
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Need a Boston Domestic Violence Defense Lawyer? Choose Nate Amendola Defense
Being arrested does not make you guilty, even if the Commonwealth finds probable cause to levy domestic violence charges. There are meaningful defenses available in domestic violence cases, and an experienced Boston domestic violence defense lawyer knows how to identify and pursue them. Our founder and lead attorney, Nate Amendola, is a tireless advocate for individuals facing serious criminal charges in Boston and throughout Suffolk County. Here is what sets Nate Amendola Defense apart:
- A Genuine Investment in Your Case: Nate understands that no two cases are alike. He takes the time to hear your story, understand your concerns, and build a defense strategy tailored to your specific situation and goals.
- Transparent Communication: You should never be left in the dark about your own case. We are committed to keeping you informed at every stage of the legal process, from your first consultation through the resolution of your matter.
- Results-Driven Representation: We are focused on securing the most favorable outcome possible for every client. Whether that means negotiating aggressively with Suffolk County prosecutors or taking your case to trial, we are prepared to protect your rights, your freedom, and your future.
- Guidance on Collateral Consequences: A domestic violence charge can affect far more than the outcome of a court case. From firearm rights and employment to housing and immigration status, we help you understand and address the full scope of consequences you may be facing.
At Nate Amendola Defense, we take every domestic violence charge seriously because we know you do too. Your reputation, your family, your freedom, and your future are worth fighting for. If you have been charged with domestic violence in Boston or Suffolk County, do not wait. Reach out to us by calling our office immediately, or submit your information using one of our online forms. Make NAD your first and last call.
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