Massachusetts Domestic Assault and Battery Lawyer

A domestic assault and battery charge in Massachusetts is treated differently than most other criminal cases. Prosecutors are reluctant to dismiss these cases even when the alleged victim no longer wants to proceed, and a conviction carries consequences that reach well beyond the courtroom — including a certified batterer's intervention program, restrictions on firearm rights, and potential immigration consequences. Attorney Michael DelSignore has defended domestic assault and battery charges throughout Massachusetts for over 20 years and understands how these cases are actually handled in court, not just what the statute says on paper.

Massachusetts General Laws Chapter 265, Section 13M defines a domestic assault and battery as an assault and battery against a family or household member. Because these cases involve a personal relationship, they behave differently than other assault charges in several important ways:

• Prosecutors are slow to dismiss these cases, even when the alleged victim asks them to.
• Many cases proceed even when the alleged victim does not wish to testify, based on other available evidence.
• The parties are often back together before the first court date, which can create a false sense that the case will simply go away.
• A conviction requires completion of a certified batterer's intervention program — a lengthy, demanding condition of probation.

• Over 20 years defending domestic assault and battery charges throughout Massachusetts courts
• Direct experience arguing self-defense claims under Commonwealth v. Adjutant, which allows admission of an alleged victim's prior violent acts to support a self-defense theory
• Published author of a free guide on the domestic assault and battery process in Massachusetts
• Hands-on case management — clients work directly with Attorney DelSignore, not a rotating team of associates

A domestic assault and battery charge is unlikely to be resolved at the arraignment, even if the alleged victim regrets calling the police and wants the case dismissed. Once charges are filed, prosecutors are reluctant to dismiss them quickly. In many cases, the matter must be set down for trial, or the complaining witness must appear at a pretrial hearing, before the case can be resolved. If the witness chooses to exercise a marital privilege or Fifth Amendment privilege, the Commonwealth may not have enough evidence to proceed.

Yes. Even when the alleged victim does not wish to go forward, prosecutors will often attempt to prove the case using other evidence, including:

• A 911 call
• A statement or admission made by the accused
• Observations from other witnesses, including responding officers

In some cases, an alleged victim may have a motive to bring or exaggerate a charge — this can arise during divorce proceedings, child custody disputes, or after a relationship ends. When this is a possibility, building a defense around that motive becomes an important part of the case.

Massachusetts law, under Commonwealth v. Adjutant, allows a defense attorney to introduce evidence of an alleged victim's prior violent acts to support a claim that the alleged victim was the aggressor.

This defense focuses on demonstrating a motive the alleged victim may have had to fabricate or exaggerate the allegation, in order to challenge their credibility at trial.

Closely related to fabrication, this defense argues that the alleged victim had a separate, improper reason to involve the criminal justice system — such as gaining leverage in a custody or divorce matter.

A conviction for domestic assault and battery can result in up to 2.5 years in jail, a fine, or both. A second or subsequent offense can result in up to 5 years in state prison. Any conviction also requires completion of a certified batterer's intervention program, which is a lengthy and demanding condition of probation.

• Do not discuss the incident with anyone other than an attorney, including the alleged victim, mutual friends, or family members.
• Avoid contacting the alleged victim, even to apologize or attempt to resolve the matter directly — this can violate a no-contact order or be used as evidence.
• Schedule a free, no-obligation consultation to discuss the charge and the realistic options available.
• Request Attorney DelSignore's free guide on the Massachusetts domestic assault and battery process for a more detailed explanation of what to expect.

• Massachusetts Domestic Assault and Battery Court Process
• Penalties for Massachusetts Domestic Assault and Battery Charges
• Frequently Asked Questions Regarding a Domestic Assault and Battery Charge
• Can I Be Held Without Bail for a Domestic Assault and Battery?
• Strangulation Penalties in a Domestic Assault and Battery Charge
• Immigration Consequences of a Domestic Assault and Battery Charge