Massachusetts Domestic Violence Attorney

How domestic violence cases proceed under Massachusetts law

A Massachusetts domestic-violence situation in Massachusetts typically produces two separate legal matters that move on different tracks and different timelines. The civil track runs under M.G.L. c. 209A. A person who has been abused by a family or household member, defined by the statute to include current or former spouses, people who live together or have lived together, people related by blood or marriage, parents of a child in common, and people in a substantive dating relationship, can ask a court for an abuse-prevention order the same day. Under c. 209A, sec. 4, the court may enter a temporary order without notice to the other side if the facts show a substantial likelihood of immediate danger, and the other party then gets a return hearing, the first chance to respond, no later than ten court business days later. Relief under c. 209A, sec. 3 can include an order to stop the abuse, an order to have no contact, an order to vacate and stay away from the household, temporary custody of minor children, and monetary compensation for losses the abuse caused, for a fixed period the court sets that cannot exceed one year at a time.

The criminal track in a the Commonwealth case runs independently of the civil order and does not require one to exist. Assault and battery on a family or household member under M.G.L. c. 265, sec. 13M carries up to two and a half years in a house of correction or a fine of up to $5,000 on a first offense, and up to five years in the state prison on a second or later offense. Strangulation or suffocation, charged separately under c. 265, sec. 15D, carries up to five years in the state prison even on a first offense, with a longer sentence available where the victim was seriously injured, known to be pregnant, or where the defendant has a prior conviction for the same crime. Violating a c. 209A order is its own crime under sec. 7, punishable by up to two and a half years in a house of correction or a fine of up to $5,000. A conviction, or even a continuance without a finding, under any of these sections triggers a court order to complete a certified batterer's intervention program, unless the court makes written findings explaining why the program should not apply.

Both tracks are evaluated on the same intake call at Jim Glaser Law. The attorney listens to the facts, including the arraignment date if a criminal charge exists, the return-hearing date if a c. 209A order is in place, any conditions of release, and any related matter pending in the Probate and Family Court, and either handles the Massachusetts matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client. Where the relationship does not meet the c. 209A family-or-household definition, for example between neighbors, coworkers, or people who have never dated, a harassment-prevention order under M.G.L. c. 258E follows a similar two-step structure of a same-day order followed by a later hearing, and it is evaluated the same way. Neither statute promises a particular outcome for a specific Massachusetts matter; every order and every charge depends on the facts a court is shown.

Massachusetts statutes and case law

• M.G.L. c. 209A, sec. 1. Defines abuse and family or household members for purposes of an abuse-prevention order; the relationship requirement is what separates a 209A order from a 258E harassment order.
• M.G.L. c. 209A, sec. 3. The relief a court may order in an abuse-prevention case, including no-abuse, no-contact and vacate orders, temporary custody and monetary compensation, for a fixed period not to exceed one year.
• M.G.L. c. 209A, sec. 4. The ex parte process: a temporary order may issue without notice on a showing of substantial likelihood of immediate danger, followed by a return hearing no later than ten court business days later.
• M.G.L. c. 209A, sec. 7. Makes violating an abuse-prevention order its own crime, punishable by up to two and a half years in a house of correction or a fine of up to $5,000.
• M.G.L. c. 265, sec. 13M. Assault and battery on a family or household member; up to two and a half years in a house of correction on a first offense, up to five years in state prison on a second or later offense.
• M.G.L. c. 265, sec. 15D. Strangulation or suffocation; up to five years in state prison even on a first offense, with enhanced penalties for serious injury, a known pregnancy, or a prior conviction.
• M.G.L. c. 258E, sec. 1. Defines harassment for a harassment-prevention order, available without a family or household relationship, unlike a 209A order.

Common case patterns

1. A Massachusetts resident seeking a same-day ex parte abuse-prevention order under c. 209A, sec. 4 after an incident with a spouse, partner or family member.
2. A Massachusetts defendant facing a return hearing under c. 209A, sec. 4 within ten court business days of an ex parte order, contesting whether a full order should issue.
3. A the Commonwealth criminal charge of assault and battery on a family or household member under c. 265, sec. 13M, running alongside a separate c. 209A civil matter.
4. A Massachusetts defendant charged with violating an existing abuse-prevention order under c. 209A, sec. 7.
5. A Massachusetts resident who needs protection from someone outside the c. 209A family-or-household definition, pursuing a c. 258E harassment-prevention order instead.

Typical timeline

1. Your free case review for a Massachusetts matter captures the arraignment date if a criminal charge already exists, the return-hearing date if a c. 209A order is in place, any conditions of release, any no-contact order, and any related parenting matter pending in the the Commonwealth Probate and Family Court. The attorney either handles the matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client.
2. An abuse-prevention order can issue the same day it is sought, without notice to the other side, if the facts show a substantial likelihood of immediate danger under c. 209A, sec. 4. The other party then has a return hearing no later than ten court business days later, where both sides are heard and the court decides whether to continue, modify or end the order. A criminal charge, where one exists, proceeds separately through arraignment and its own pretrial schedule.
3. An abuse-prevention order runs for a fixed period the court sets, not to exceed one year at a time, and can be extended on a later request. A criminal charge resolves by dismissal, a negotiated disposition, or trial; a conviction or a continuance without a finding under c. 265, sec. 13M or sec. 15D, or for violating a c. 209A order, triggers a required batterer's intervention program unless the court states written reasons why it should not apply.

What a Massachusetts domestic-violence matter can involve

• A same-day ex parte abuse-prevention order under c. 209A, sec. 4, where the facts show a substantial likelihood of immediate danger.
• A contested return hearing outcome, continuing, modifying or ending an order under c. 209A, sec. 3.
• Monetary compensation for losses directly caused by the abuse, where c. 209A, sec. 3 relief includes it.
• Defense representation through arraignment, conditions of release and trial on a charge under c. 265, sec. 13M or sec. 15D.
• A harassment-prevention order under c. 258E where the relationship falls outside the c. 209A family-or-household definition.
• Referral to a Massachusetts criminal-defense partner attorney, at no extra cost to the client, where the matter is better handled outside the firm.

Key terms

209A order

A civil abuse-prevention order, available in the District Court or Probate and Family Court, that can issue the same day on an ex parte basis.

Return hearing

The contested hearing within 10 court business days of an ex parte 209A order that decides whether a longer order will issue.

258E order

A harassment-prevention order available outside family or household relationships, with a similar two-step structure to a 209A order.

No-contact order

A condition of release in a criminal domestic-violence case, or a term of a 209A order, barring contact with the other person.

Batterer's intervention program

A certified program a court must order on a conviction or a continuance without a finding for a 209A violation or a c. 265 domestic-violence offense, unless the court states written reasons why it should not apply.

209A abuse-prevention order vs. 258E harassment-prevention order

More questions

• How fast can I get a restraining order in Massachusetts?

  The same day, in an urgent situation. Under c. 209A, sec. 4, a court may enter a temporary order without notice to the other side if the facts show a substantial likelihood of immediate danger. The other side then gets a return hearing no later than ten court business days later, where the court decides whether a longer order should issue.

• What is the difference between a 209A order and a 258E order in Massachusetts?

  A c. 209A order requires a family or household relationship, defined by c. 209A, sec. 1 to include spouses, former spouses, people who live or have lived together, relatives, parents of a shared child, and substantive dating partners. A c. 258E harassment order requires no such relationship and can be sought against a neighbor, coworker, or stranger.

• Is assault and battery on a family member a felony in Massachusetts?

  It depends on the count. Under c. 265, sec. 13M, a first offense allows only a house-of-correction term or a fine, which keeps it a misdemeanor under M.G.L. c. 274, sec. 1. A second or later offense allows a state-prison sentence, which makes it a felony.

• What happens if I violate a Massachusetts abuse-prevention order?

  Violating a c. 209A order is a separate crime under sec. 7, punishable by up to two and a half years in a house of correction or a fine of up to $5,000, on top of whatever the underlying order already required.

• What does Jim Glaser Law charge for a Massachusetts domestic-violence matter?

  Domestic-violence matters are billed on a fixed-fee or hourly basis, set out in the written fee agreement signed at intake. Domestic-violence matters are not handled on contingency. Your case review is free, and the attorney either handles the Massachusetts matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client.