An Accusation Is Not a Conviction — And You Still Have Time to Fight Back

Being accused of domestic violence in Massachusetts sets off a legal process that moves fast. A 209A restraining order can remove you from your home, separate you from your children, and place restrictions on your life — often before you've had any opportunity to tell your side of the story. As a Massachusetts domestic violence lawyer with 15+ years of criminal defense experience, I know how these cases are built and where they can be challenged. The 10-day hearing is your first real chance to fight back. Don't let it pass without a defense.

What Massachusetts Law Actually Says About Domestic Violence Charges

Massachusetts prosecutes domestic violence offenses under two primary statutes. M.G.L. c.265 §13M governs domestic assault and battery — a criminal charge that carries up to 2.5 years in a house of correction for a first offense, with enhanced penalties for subsequent offenses. Separately, M.G.L. c.209A is the civil abuse prevention order statute, which allows a court to issue a restraining order against you based on a complainant's sworn statement — sometimes with no prior notice to you at all.

 

These two tracks often run simultaneously. You may face a criminal charge and a 209A order at the same time, each with its own proceedings, deadlines, and consequences. Understanding the difference, and defending both, requires an attorney who knows how each track works.

The 10-Day Hearing Is the Most Important Deadline You Have

When a 209A emergency order is issued, it typically lasts only until the next court date — usually within 10 business days. That hearing is your opportunity to contest the order before it becomes a long-term restraining order that can remain in place for up to one year and be renewed indefinitely.

 

At the 10-day hearing, I appear on your behalf, cross-examine the complainant, challenge the sufficiency of the evidence, and present any available defense. Courts issue emergency orders based on one side of the story. The hearing is where the other side gets told. Many people don't realize this hearing exists, or they show up without an attorney and lose by default. That outcome is not inevitable — but you have to act before the date passes.

What a Domestic Violence Accusation Can Cost You Beyond the Courtroom

The consequences of a domestic violence charge extend well beyond any sentence a court might impose. Before you accept a plea or assume the case will resolve quietly, consider what is actually at stake:

 

  • Your housing. A 209A order can bar you from your own home immediately, even if your name is on the lease or mortgage.
  • Your children. Restraining orders frequently restrict contact with minor children in the household.
  • Your CORI record. A domestic assault and battery conviction creates a criminal record that appears in background checks for employment, housing, and professional licensing.
  • Your immigration status. For non-citizens, a domestic violence conviction can trigger deportation, denial of naturalization, or bars to re-entry under federal immigration law.
  • Your firearms rights. A conviction or even a permanent 209A order can result in the loss of your right to possess firearms under both state and federal law.
  • Your career. Many licensed professions — healthcare, education, law, financial services — treat domestic violence convictions as grounds for discipline or license revocation.

 

I have spent 15+ years helping clients in Massachusetts navigate these collateral consequences. The criminal charge is only part of the picture.

How I Defend Domestic Violence and 209A Cases

Every domestic violence case is different, and the defense strategy depends on the specific facts, the evidence the prosecution holds, and what the complainant is prepared to say in court.

 

Common defense approaches I use include:

 

  • Challenging the complainant's account. Inconsistencies in statements, prior recantations, or motives to fabricate are all grounds for cross-examination and can undermine the prosecution's case significantly.
  • Contesting the 209A at the 10-day hearing. Many emergency orders are granted on minimal evidence. I challenge them before they become permanent.
  • Investigating the physical evidence. Photographs, medical records, text messages, and call logs often tell a more complicated story than the initial complaint suggests.
  • Pursuing diversion or dismissal. Depending on the circumstances and the client's history, pretrial diversion, continuance without a finding (CWOF), or outright dismissal may be achievable outcomes.
  • Protecting your record. Where a conviction cannot be avoided, I work to minimize the impact on your CORI and advise on future sealing or expungement eligibility.

 

If you've been charged with domestic assault and battery or served with a 209A order, the time to build a defense is now — not after the hearing date has passed.

Why Courtroom Experience Matters in Domestic Violence Cases

Domestic violence cases are emotionally charged and politically sensitive. Prosecutors pursue them aggressively, and courts take them seriously. Having an attorney who understands how these cases are built — what evidence is considered strong, what is considered weak, and how charging and plea decisions are made — is a meaningful advantage.

 

I have spent 15+ years defending clients in Massachusetts criminal courts, including jury trials across every county in the state. That depth of courtroom experience, including regular appearances at Quincy District Court and throughout Norfolk County, means I understand what it takes to challenge these cases effectively — and how to build a defense that holds up under prosecutorial pressure.

Domestic Violence Defense Across Massachusetts Courts

I defend domestic violence and 209A cases throughout Massachusetts, with particular depth in the South Shore and Norfolk County — including Quincy District Court, Brockton District Court, and the courts serving Weymouth, Randolph, and Braintree. I also appear regularly in courts across Plymouth County, Bristol County, and Greater Boston, including Cambridge and Lynn.

 

Wherever your case is pending, I can appear. Court familiarity matters in criminal defense — knowing the local prosecutors, the judges, and the procedural norms of a specific courthouse is an advantage that accumulates over 15+ years of practice.

Domestic Violence Defense FAQs

  • How do I fight a 209A restraining order in Massachusetts?

    The primary opportunity to contest a 209A order is at the 10-day hearing, which is scheduled shortly after an emergency order is issued. At that hearing, you have the right to appear, present evidence, and cross-examine the person who sought the order. An attorney can challenge the sufficiency of the complainant's allegations, introduce contradicting evidence, and argue that the legal standard for a continuing order has not been met. If you miss this hearing or appear without representation, the order is likely to be extended.

  • What happens if I'm accused of domestic violence in Massachusetts?

    Two things typically happen at once. A criminal charge may be filed under M.G.L. c.265 §13M, which goes through the criminal court process. Separately, the complainant may seek a 209A abuse prevention order through the civil court, which can restrict where you live, where you go, and whether you can contact your children. Both proceedings move quickly, and both require a defense. The criminal case can result in a conviction and CORI entry; the 209A order can affect your housing, employment, and firearms rights even without a criminal conviction.

  • Can a domestic violence charge be dropped if the alleged victim doesn't want to press charges?

    In Massachusetts, the decision to prosecute rests with the district attorney's office — not the complainant. Even if the person who made the initial complaint wants to withdraw it, prosecutors can and often do proceed with the case using other available evidence, including police reports, photographs, medical records, and prior statements. A complainant's recantation can be a significant factor in how a case resolves, but it does not automatically result in dismissal. An attorney can help evaluate how the prosecution is likely to respond and what defense options are available.

  • Will a domestic violence conviction affect my immigration status?

    Yes. Under federal immigration law, a domestic violence conviction can have severe consequences for non-citizens, including deportation, inadmissibility, and bars to naturalization or reentry. Even a plea to a lesser charge may trigger immigration consequences depending on the specific offense and how it is classified under federal law. If you are not a U.S. citizen, this must be addressed before any plea is entered. I work with clients to identify immigration-safe outcomes wherever they are available.

  • How does a domestic violence charge affect my CORI in Massachusetts?

    A domestic assault and battery conviction under M.G.L. c.265 §13M creates a criminal record that appears on CORI background checks. Employers, landlords, and licensing boards can access this record, and certain convictions carry waiting periods before they become eligible for sealing. A continuance without a finding (CWOF) — a disposition short of a conviction — may be sealable sooner, but it still appears on your record during the continuance period. Understanding what a proposed disposition will mean for your CORI long-term is part of how I evaluate any resolution.