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Text Attorney Michael DelSignore at 781-686-5924 for Immediate Answers to your Questions

Plymouth Domestic Assault and Battery Lawyer

Attorney Michael DelSignore is a Plymouth Domestic Assault and Battery Lawyer

Attorney Michael DelSignore represents individuals charged with domestic assault and battery throughout Plymouth County. These cases carry immediate consequences, including the possibility of arrest, conditions of release, 209A restraining orders, and long-term penalties. A domestic assault charge is often the result of an argument that escalated, many times involving alcohol, and frequently involves a situation where both parties regret calling the police.

Cases arising from incidents in Plymouth are heard in the Plymouth District Court. Attorney DelSignore has extensive experience in this court and understands how prosecutors approach these matters, how judges set conditions, and what strategies give clients the strongest chance of resolving the case without long-lasting harm.

Many individuals charged with domestic assault and battery feel overwhelmed after the arrest. Attorney DelSignore provides guidance through each step of the process and explains how these cases are handled in Plymouth District Court from start to finish.

Understanding Domestic Assault and Battery Charges in Plymouth

Domestic assault and battery cases often begin with a 911 call during a heated argument. In many situations, the alleged victim later tells police or prosecutors that the incident was exaggerated or misunderstood. Even when the alleged victim does not want to move forward, prosecutors almost always proceed with the case.

Massachusetts law requires prosecutors to evaluate whether the Commonwealth can prove the charge even without the alleged victim’s cooperation. Attorney DelSignore explains this dynamic to clients at the beginning of the case so that expectations remain clear.

How These Cases Typically Arise

Arguments that escalate, alcohol involvement, and misunderstandings are common themes in Plymouth domestic cases. Police usually make an arrest if any allegation of physical contact is reported.

Why the Case Continues Even When the Victim Is Not “On Board”

Prosecutors evaluate 911 calls, officer observations, and statements made at the scene. A case does not end simply because the alleged victim asks for dismissal.

What Happens at the First Court Date in Plymouth District Court

The first court appearance is the arraignment. The court enters a not guilty plea, sets release conditions, and schedules a pretrial date. Even when the alleged victim wants the case dismissed, dismissal does not occur at arraignment.

Arraignment and Typical Release Conditions

Conditions often include a “do not abuse” order. When alcohol was involved, judges may impose an order to refrain from alcohol use. If the alleged victim requests a restraining order, the court will schedule a hearing on the same day.

When Bail Is Required and When It Is Not

Individuals with no prior record are usually released on personal recognizance. When a record exists, or if the charges include strangulation or another felony domestic offense, there may be a request for cash bail or a dangerousness hearing under Chapter 276, Section 58A.

Evidence Used in Plymouth Domestic Assault and Battery Cases

Plymouth prosecutors rely on several types of evidence, some of which may allow the Commonwealth to continue the case even if the alleged victim refuses to testify.

Why 911 Calls Matter in Domestic Cases

Prosecutors may attempt to admit a 911 call as an “excited utterance.” These statements can sometimes be played in court even without the caller’s testimony, depending on Massachusetts case law. Whether the 911 call is admissible depends on timing, tone, and context. Attorney DelSignore frequently litigates this issue in domestic cases.

Body-Camera Footage and Witness Statements

Evidence such as body-camera video, statements from neighbors, and officer observations may take several weeks to be produced. The strength of the case can only be fully evaluated once all evidence is received.

Statements Made by the Accused

Statements made during the argument or to police may be used by prosecutors. Attorney DelSignore analyzes all statements to determine whether they were obtained in a way that complies with constitutional requirements.

How Attorney Michael DelSignore Builds a Defense in Plymouth Domestic Assault Cases

Attorney DelSignore’s defense approach centers on helping each client make the best possible decision. Domestic assault cases vary widely, and the priorities of the individual charged play an important role in determining the correct strategy.

Case Strategy Based on the Client’s Goals

Some individuals want the case to move quickly toward trial because the alleged victim is not cooperating. Others want to resolve the case as efficiently as possible. Attorney DelSignore explains all available options at each step.

Moving the Case Quickly Toward Trial

In many situations, cases are dismissed on the trial date if the Commonwealth cannot prove the case without the alleged victim. Scheduling an early trial date is often an effective strategy when the prosecution lacks independent evidence.

Addressing Alcohol Issues When Helpful

In cases where alcohol played a role, voluntary counseling or treatment may support a favorable outcome. This may lead to a resolution that avoids an admission to criminal charges.

No-Contact Orders, Restraining Orders, and How They Are Handled

The handling of restraining orders and contact conditions can significantly impact the outcome of a domestic assault case.

No-Abuse Orders vs. No-Contact Orders

If the alleged victim does not want a no-contact order, Attorney DelSignore communicates that position to prosecutors so that a no-abuse order may be issued instead. This allows contact while still requiring that no further incidents occur.

209A Restraining Orders

When a restraining order is requested, courts often grant it. Opposing a restraining order can inflame the situation and increase the likelihood of testimony against the accused. In some cases, allowing the restraining order to issue is a strategic decision that benefits the long-term outcome.

Understanding the Timeline of a Domestic Assault and Battery Case in Plymouth District Court

Domestic assault and battery cases in Plymouth follow a predictable sequence, although each case has its own unique evidence and circumstances. Attorney Michael DelSignore explains this timeline so clients know what to expect during each stage of the case.

Arraignment to Pretrial Conference

After arraignment, the court schedules a pretrial hearing. This period allows time for prosecutors to produce the police report, witness statements, and any recordings, including 911 calls or body-camera footage. Many cases require follow-up requests to obtain all evidence.

Pretrial to Trial Scheduling

If the Commonwealth cannot prove the case without the alleged victim, the most effective strategy is often to request a quick trial date. Cases are frequently dismissed on the trial date when the prosecution cannot produce a necessary witness or admissible evidence.

When Additional Motions Are Necessary

In cases involving 911 calls, statements, or forensic evidence, Attorney DelSignore may file motions to exclude evidence that does not meet legal standards. These motions often determine whether the Commonwealth can move forward.

When the Prosecution May Still Try to Proceed Without the Alleged Victim

Domestic assault and battery cases often continue even when the alleged victim is unwilling to testify. Prosecutors evaluate other potential evidence to determine whether the case can be proven.

Use of 911 Recordings

Prosecutors may attempt to admit the 911 call under the “excited utterance” doctrine. Massachusetts case law is divided, and Attorney DelSignore has litigated this issue before judges statewide. Some cases allow the evidence, while others exclude it. The decision often controls the outcome.

Independent Witnesses

If neighbors, bystanders, or family members observed the incident, those individuals may be called as witnesses. Cases that occur in public places, such as stores or parking lots, sometimes involve video surveillance.

Statements Made at the Scene

Officers may testify regarding statements heard during the incident. Whether these statements are admissible depends on the circumstances and whether constitutional rules were followed.

Strangulation, Felony Domestic Charges, and Dangerousness Hearings in Plymouth

Some domestic assault and battery cases involve additional felony charges, which increase the stakes and may lead to a request for a dangerousness hearing under Chapter 276, Section 58A.

When a Dangerousness Hearing May Occur

If the charges involve strangulation, assault and battery on a pregnant woman, or assault and battery with a dangerous weapon, prosecutors may request detention without bail. These hearings require careful preparation.

How Attorney DelSignore Handles Dangerousness Hearings

Attorney DelSignore presents evidence of alternative conditions, such as GPS monitoring, counseling, or strict no-contact orders, to show that detention is not necessary. Judges frequently allow conditional release when proper safeguards are presented.

The Role of Alcohol Treatment or Counseling

In cases where alcohol played a role, voluntary treatment may show the court that steps are being taken to prevent future issues. This can impact release decisions and future case negotiations.

Navigating 209A Restraining Orders in Plymouth District Court

Restraining orders frequently accompany domestic assault and battery charges. How these orders are handled can affect the case and the relationship between the involved parties.

Strategic Considerations at a 209A Hearing

Challenging a restraining order is not always the best decision. In some cases, opposing the order may escalate conflict and increase the likelihood of testimony. Attorney DelSignore evaluates whether the alleged victim is likely to cooperate with prosecutors before determining the best approach.

No-Contact vs. No-Abuse Orders

If the alleged victim does not want a no-contact order, Attorney DelSignore communicates that position with the District Attorney so the court can issue a no-abuse order instead. This allows necessary contact while still protecting both parties.

How Cases Are Resolved in Plymouth Domestic Assault and Battery Matters

The majority of domestic assault and battery cases in Plymouth are either dismissed or resolved without an admission to criminal charges, depending on evidence, cooperation, and circumstances.

Dismissal on the Trial Date

When the alleged victim is not cooperating and the Commonwealth lacks independent evidence, cases are often dismissed when prosecutors announce they are not ready for trial.

Pretrial Probation or Diversion When Appropriate

For individuals with no criminal record, pretrial probation or counseling-based resolutions may be available. These options often allow the case to close without a guilty finding or admission.

Preparing the Case for Trial When Necessary

When prosecutors attempt to use independent evidence, Attorney DelSignore prepares the case thoroughly for trial. This includes challenging witnesses, filing motions regarding admissibility of the 911 call, and examining inconsistencies in officer reports.

Why Clients Choose Attorney Michael DelSignore for Plymouth Domestic Assault and Battery Defense

Attorney DelSignore has handled domestic assault and battery charges throughout Massachusetts for more than two decades. His approach mirrors the detailed process explained in his training videos.

Clear Guidance Based on the Client’s Priorities

Clients receive a full explanation of options, whether the priority is quick resolution or preparing for trial.

Extensive Knowledge of Plymouth District Court

Attorney DelSignore appears in Plymouth District Court frequently and understands how domestic assault and battery cases are prosecuted in this jurisdiction.

Focus on Evidence and Legal Standards

Detailed review of 911 calls, body-camera recordings, witness statements, and reports ensures that the strongest defense arguments are used.

Support Beyond the Courtroom

Clients often need guidance regarding counseling, alcohol treatment, family issues, or restraining orders. Attorney DelSignore provides support that extends beyond the immediate criminal charge.

Serving Clients Throughout Plymouth County

Domestic assault and battery cases in Southeastern Massachusetts often involve multiple local agencies.

Representation in Nearby Communities

Attorney DelSignore represents individuals charged in communities whose cases are heard in Plymouth District Court, including:

  • Kingston
  • 
Carver
  • 
Plympton
  • 
Duxbury

  • Pembroke

  • Halifax
Local Knowledge Matters

Understanding how each police department conducts investigations and how prosecutors in Plymouth handle these cases provides a significant advantage.

Contact Attorney Michael DelSignore | Plymouth Domestic Assault and Battery Defense

Anyone charged with domestic assault and battery in Plymouth should contact an attorney immediately. Early representation protects important rights, guides communication with the alleged victim, and ensures that evidence is preserved.

Attorney Michael DelSignore provides confidential consultations and reviews every detail of the charge, evidence, and circumstances surrounding the arrest.

Call Attorney Michael DelSignore directly at 781-686-5924 to begin preparing a strong defense.

Frequently Asked Questions About Plymouth Domestic Assault and Battery Charges
What happens immediately after an arrest for domestic assault and battery in Plymouth?

After an arrest, the individual is brought to Plymouth District Court for arraignment. A not guilty plea is entered, and the court considers conditions of release, which may include a no-abuse order, no-contact order, or alcohol restrictions. Attorney Michael DelSignore obtains the police report at this stage and begins reviewing the evidence. The case does not end at arraignment, even if the alleged victim does not want the case prosecuted.

Will the case be dismissed if the alleged victim does not want to go forward?

In most Plymouth domestic assault and battery cases, the alleged victim does not wish to proceed. Despite this, prosecutors continue the case through the normal process. Dismissal typically occurs only on the trial date if the Commonwealth lacks independent evidence such as a 911 call, body-camera footage, or third-party witnesses. Attorney DelSignore evaluates every potential source of evidence to determine whether the prosecution can move forward without the alleged victim.

Can the Commonwealth use a 911 call even if the alleged victim refuses to testify?

Prosecutors often attempt to admit the 911 call as an “excited utterance,” a complex area of Massachusetts law that has been addressed in United States Supreme Court and state appellate decisions. Whether the call is admissible depends on its timing, content, and purpose. Attorney DelSignore has written articles, taught seminars, and litigated this issue throughout Massachusetts. Exclusion of the 911 call frequently results in dismissal.

Will bail be required for a domestic assault and battery charge in Plymouth?

Bail is rarely required when the individual has no prior record and there are no serious injuries. Most individuals are released on personal recognizance. When charges include strangulation or felony assault, prosecutors may request cash bail or a dangerousness hearing. Attorney DelSignore frequently argues for conditions such as no-abuse orders or GPS monitoring instead of detention.

What is a dangerousness hearing under Section 58A?

A dangerousness hearing allows prosecutors to request that an individual be held without bail. This occurs more often when charges include strangulation, assault and battery on a pregnant woman, or assault with a dangerous weapon. Attorney DelSignore challenges these requests by presenting alternative conditions of release and demonstrating that detention is unnecessary.

How long does a domestic assault and battery case take to resolve in Plymouth?

Most cases require several court dates and often reach resolution on the trial date. The timeline depends on how quickly prosecutors provide body-camera video, 911 recordings, and witness statements. Attorney DelSignore moves cases forward as quickly as possible, especially when dismissal is likely due to lack of cooperation by the alleged victim.

Should someone charged with domestic assault and battery speak to the police?

No. Any statements made to law enforcement may be used later in court. Attorney Michael DelSignore handles all communication with investigators and ensures that the individual’s rights are protected throughout the case.

How does Attorney Michael DelSignore help clients beyond the courtroom?

Many domestic assault and battery cases involve alcohol, relationship conflict, or stress. Attorney DelSignore advises clients regarding counseling, treatment resources, and protective order considerations. This support often strengthens the defense, helps maintain stability at home, and demonstrates responsibility to the court if needed.

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