Massachusetts Domestic Assault and Battery Lawyer

Attorney Michael DelSignore has defended domestic assault and battery cases throughout Massachusetts for more than 20 years. At DelSignore Law, clients work directly with Attorney DelSignore. The first meeting focuses on your next court date, any release conditions, what happened before and during the incident, and what evidence the Commonwealth may use. 

A domestic assault and battery arrest can affect your freedom, your ability to remain at home, contact with your family, and your work. The first court date may also bring release conditions or a request for a restraining order. You need clear information about what happens next and a defense plan based on the evidence in your case.

1^st Court date: if the alleged victim wants contact with you, it is important that the Court be aware of this and any no contact order becomes a no abuse order. Often, immediately after the arrest, as a condition of bail there will be an order of no contact. In many cases, when a husband, wife or parent is the alleged victim, they may not have even wished that the person was arrested. In these situations, they want contact to move past the incident and in many cases one bad night. This condition can be addressed at the arraignment to allow the victim and the defendant to continue living together and to move past the incident. 

A domestic assault and battery case does not automatically end because the person who called the police later asks for the charge to be dismissed. The prosecutor may rely on a 911 call, statements, officer observations, or other witnesses. A case may also involve no-contact conditions, a 209A order, or related charges. Each issue needs to be addressed on its own terms.

1. Review the arraignment date and any bail, no-abuse, no-contact, or restraining-order conditions. You should follow every written condition and ask a lawyer before contacting the other person.
2. Obtain and review the available evidence, including the police report, 911 recording, body-camera footage, witness statements, photographs, and any statement attributed to you.
3. Identify defenses and evidentiary issues that fit the facts. These may include self-defense, accident, inconsistent accounts, a witness privilege, or whether a statement can be used at trial.
4. Explain the options and likely next steps so you can make an informed decision about resolving the case or preparing for trial.

The prosecutor, not the alleged victim, decides whether to continue a criminal case. Prosecutors may try to prove the charge with evidence other than the alleged victim’s testimony. The strength and admissibility of that evidence matter. When a witness will not testify and there is no other evidence that can prove the charge, the case may be dismissed. That decision depends on the record in the individual case.

A defense must fit the facts. Attorney DelSignore has experience litigating self-defense claims, including the use of evidence addressed in Commonwealth v. Adjutant. This case held that if there is evidence of prior acts of violence, those prior acts can be used in Court to show who may have been the 1^st aggressor. This defense does not come up often in Domestic Assault and Battery cases but can be raised in the appropriate case. 

Other issues may include whether contact was accidental, whether the Commonwealth can prove the required elements, the reliability of a witness account, and whether a 911 call or statement is admissible. If the evidence supports a claim that an allegation was exaggerated or made for another reason, the timing and circumstances can be examined without assuming a motive in advance. 

Why The 911 Call Can Be Critical Evidence in a Domestic Assault and Battery Charge

A 911 call can be important evidence in a domestic assault and battery case because it allows the District Attorney to prove the case potentially without the cooperation of the alleged victim. In many domestic assault and battery cases, the victim wants the charges dismissed. However, if there is a 911 call, it may be possible for the District Attorney to prove the case without the cooperation of the alleged victim. 

How Delsignore Law Will Attack any Attempt to Prosecute the Case Based on the 911 Call

The Sixth Amendment requires that in any criminal case that a defendant be able to confront the accuser in Court. Any attempt to prove a domestic case without having the victim testify in court could violate your rights under the Sixth amendment. This issue is generally raised in a motion hearing before the Judge to determine if this evidence will be allowed. 

A conviction can result in up to two and one-half years in the house of correction, a fine, or both. A second or subsequent offense can carry a sentence of up to five years in state prison. A certified batterer’s intervention program is ordered as a condition of probation. Related charges can carry different penalties and should be reviewed separately.

• Do not discuss the incident with the alleged victim, mutual friends, or family members while the case is pending.
• Follow every release condition or court order. Do not assume that the other person’s agreement changes an order.
• Save messages, photographs, call records, and other information that may be relevant. Do not delete or alter them.
• Speak with a lawyer before making a statement to police or trying to resolve the matter directly.

In a Westborough District Court case involving a domestic assault and battery allegation, Attorney DelSignore moved the case forward to a bench trial, where the charge was dismissed. Every case is different, and a past result does not predict the outcome of another case. Attorney DelSignore has similar results in Courts through Massachusetts, including, Stoughton, Attleboro, Woburn and Cambridge District Court. 

Call or text Attorney DelSignore at 781-686-5924 to discuss the charge, your next court date, and the evidence that may affect your case. You can also request the free guide to the Massachusetts domestic assault and battery process.