Frequently Asked Questions: Domestic Assault and Battery

Not automatically. Prosecutors can choose to pursue the case using other evidence, such as a 911 call or witness statements, even without the alleged victim's cooperation.

If a no-contact order or restraining order is in place, contact with the alleged victim — even if mutually wanted — can result in a separate criminal charge for violating that order. It is important to avoid violating any no contact orders as the crime is againt the court for violating the order; if the victim wants contact, you can go back to the court to try to amend the order.

A charge will show up on your criminal record; Depending on how the case is resolved, options such as sealing or expungement may be available later.

A domestic assault and battery charge or conviction can carry serious immigration consequences, including for green card holders and visa holders. This is a critical issue to raise with an attorney as early as possible in the case. Any admission to a domestic which includes a CWOF can have immigration consequences.

Yes. A conviction for domestic assault and battery often requires completion of a certified batterer's intervention program as a condition of probation, regardless of any jail sentence imposed. The program is now referred to as the Intimidate Partners Program in Massachusetts and can be waived if the judge makes written findings. The judge will often impose a shorter program called the Anger Management Program.

Bail decisions depend on the specific charge, any prior record, and the facts alleged. In some cases, the Commonwealth may seek to hold a person without bail under the dangerousness statute. In most cases, someone with little or no record will be released without having to post any type of cash bail.

Not automatically, but a restraining order is often requested by the alleged victim or the court at the same time charges are filed. The terms of any order in place should be reviewed carefully, since violating it can result in a separate criminal charge. If the victim wishes to have contact during the case, often you will be released on a promise not to abuse the alleged victim.

A domestic assault and battery charge can trigger a firearm license suspension even before any conviction, and a conviction typically results in a permanent loss of firearm rights under both state and federal law.

In many cases, firearms suspended or seized in connection with a domestic assault and battery charge can be returned once the case is resolved in the accused's favor, though the process and timeline depend on the specific court and police department involved. It is a separate process to have a firearm license restored as a criminal charge requires proof beyond a reasonable doubt; the police department needs much less evidence to deny a firearms for public safety reasons.

Yes. A pending charge or conviction is often raised in family court and can affect custody and visitation decisions, regardless of how the criminal case is ultimately resolved.

Some employers, particularly in licensed professions or government positions, may take action based on an arrest or charge alone, before any conviction. Most jobs do not require you to report an arrest so for most individuals charged their employer will never know about the charges and it should not impact employment.

Massachusetts law permits evidence of an alleged victim's prior violent acts to support a self-defense claim. This is a fact-specific defense that depends heavily on what happened during the incident and what evidence is available to support it.

Yes. False or exaggerated allegations sometimes arise during divorce, custody disputes, or after a relationship ends. An attorney can investigate the alleged victim's motive and credibility as part of building a defense.