Close

Text DelSignore Law at 781-686-5924 with your name and what kind of charge you are texting regarding.

Can I be Held Without Bail for a Domestic Assault and Battery?

Generally, if you are charged with a first offense domestic assault and battery you will be released on a cash bail or on your own recognizance. This means the court will release you with the understanding that you will appear at every court date and that you will not commit any new offenses.

  • Those With no record will typically be released without having to post a cash bail.
  • The alleged victim may request a 209A restraining order or no contact order at the arraignment; in most cases, this will be issued.
What if you have a criminal record?

If you have prior domestic charges or if the facts of the offense are very serious, the prosecutor can request that you are held WITHOUT bail. At your arraignment the prosecutor can “move for dangerousness”.

This means that the prosecutor is filing a motion stating that your release would pose an imminent threat to the community and that there are no conditions, or less restrictive means other than incarceration that would ensure the safety of the community.

If the prosecutor requests a dangerousness hearing you can be held without bail for 3 to 7 days prior to the hearing and up to 120 days if the courts find you pose a danger to the community.

What happens next?

Typically, the judge will continue the matter for a short period of time to schedule a dangerousness hearing. If the judge makes a preliminary ruling that you pose a danger you will be held until the hearing date. At the hearing, the prosecutor will present evidence in the form of witness statements, police reports, testimony and your prior charges. The prosecutor will argue that your release will pose an imminent threat to the alleged victim and the community.

An experienced criminal defense attorney will cross examine any witnesses, challenge the prosecutor’s claims and will argue that less restrictive means such as pretrial conditions will ensure the community’s safety. These conditions could include: no contact with alleged victim (which will likely be a condition for any domestic charge), drug and alcohol free, or GPS monitoring.

If a finding of dangerousness is made, you will be held for 120 days. If you are held prior to trial you risk loss of freedom, employment and time with family.

What is the next step for someone who has been held without bail?

An experienced criminal defense attorney will cross examine any witnesses, challenge the prosecutor’s claims and will argue that less restrictive means such as pretrial conditions will ensure the community’s safety. These conditions could include: no contact with alleged victim (which will likely be a condition for any domestic charge), drug and alcohol free, or GPS monitoring.

If you have been charged with a domestic assault and battery call DelSignore Law to discuss your case at 781-686-5924.


Criminal Defense
Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire
Contact Us
Start Chat