Aggressive Defense of
All Criminal Matters
All Criminal Matters
Domestic violence defense in Massachusetts
A domestic violence charge can upend your life within hours — an arrest and a 209A restraining order are often imminent. Your employer or school might be notified. You need to fight back immediately. An experienced Massachusetts defense attorney can challenge the evidence, protect your rights, and fight for the best possible outcome.
A proper successful defense of domestic violence charges requires the services of a knowledgeable skilled criminal defense attorney like Stephen Neyman. For over 38 years Attorney Neyman has been successfully defending people accused of domestic violence crimes. His record is unrivaled. He has won cases in Suffolk County, Middlesex County, Worcester County, Essex County, Norfolk County, Plymouth County and more. Our case results prove that. Attorney Neyman has defended people in most courts throughout Massachusetts. The list includes all Boston Municipal Courts, Dedham, Quincy, Framingham, Natick, Concord, Ayer, Lowell, Lawrence, Haverhill, Newburyport, Salem, Peabody, Plymouth, Marlborough, Cambridge, Malden, Woburn, Chelsea, Waltham and more. Our office can help you. That is a proven fact.
Domestic Violence Charges We Defend
Domestic violence in Massachusetts encompasses a range of criminal charges under Chapter 209A and the state’s general criminal statutes. These cases move fast — arraignment often happens within 24 hours.
1. Domestic Assault and Battery
- This is defined under G.L. c. 265 §13M as an assault and battery on family or household member. This is the most frequently charged domestic violence crime in Massachusetts. Domestic assault and battery requires the prosecutor to prove an intentional touching, one that is offensive or likely to cause bodily harm. That touching must be to a household member or family member.
2. Violation of a 209A Restraining Order
- The Massachusetts Restraining Order law is established under G.L. c. 209A §7. Restraining orders are also known as abuse prevention orders. Violating these orders is a crime. To prove a violation the district attorney must first show that a valid restraining order was in effect at the time of the alleged crime. It must be further proved that the defendant’s in fact violated a condition of that order. Finally, there must be proof that the defendant knew about the order and its conditions.
3. Stalking
- Under G.L. c. 265 §43(a) stalking is a crime in Massachusetts. Stalking requires that a defendant committed a minimum of three distinct acts intended to target the alleged victim. These acts must be committed willfully and maliciously. These three acts must seriously alarm the alleged victim. These acts when considered together would cause a reasonable person to suffer substantial emotional distress and that the defendant threatened the alleged victim intending to place him in imminent fear of bodily injury or death.
4. Criminal Harassment
- This is a crime in Massachusetts pursuant to G.L. c. 265 §43A. This crime is very similar to the crime of stalking. There must be three separate acts targeting the alleged victim. These acts taken together must alarm the alleged victim and the acts would cause a reasonable person to suffer substantial emotional distress. The difference is that criminal harassment does not require the prosecutor to prove the additional act of intending to place the victim in imminent fear of death or bodily injury.
5. Intimidation of a Witness
- G.L. c. 268 §13B defines intimidation of a witness and obstruction of justice. This is a very common charge associated with domestic violence cases. This is a very broad statute in Massachusetts. It is commonly referred to as obstruction of justice. In the context of domestic violence cases proving this crime requires showing that the defendant threatened the victim or obstructed the victim’s attempt to report the crime. A common scenario is when during a domestic assault and battery the defendant takes or destroys the victim’s phone to prevent him/her from calling the police.
6. Strangulation and Suffocation
- This is a crime under G.L. c. 265 §15D. It is essentially an aggravated form of domestic assault and battery. To prove this crime the district attorney must show that the defendant intentionally applied pressure on the throat or neck of the victim. That pressure must be substantial and it must interfere with the victim’s breathing. This crime is frequently charged but not easy for the prosecution to prove. The consequences for being convicted of this crime are often more severe than they for a domestic assault and battery.
What Are Some Defenses to Domestic Violence Charges
False Accusation
False accusations are the most common defenses to domestic violence cases in Massachusetts. This is often revealed through conflicting witness statements. Video evidence can show that the victim is lying. We typically scour the area surrounding the crime scene to obtain surveillance or security videos. Ring camera videos can help establish false accusations in domestic violence cases. Presenting this evidence has resulted in countless dismissals and acquittals for our domestic violence cases.
Lack of Evidence
Police reports often reflect that the officers did not see any redness, swelling, bleeding or bruising on the alleged victim. Rarely are there witnesses to these events. Crime scenes do not usually support the complaint. Corroboration may be lacking.
Recantation
Recantation is where the complaining witness withdraws his or her complaint and maintains that the crime never happened. It is a change to that person’s story. In cases where the victim recants credibility is immediately called into question. Recantation raises an important factual dispute shedding doubt on the accusations.
Self Defense
In Massachusetts you have the right to defend yourself when force is used or threatened. Reasonable force can be used to defend yourself. You are permitted to use reasonable force to protect yourself from imminent physical harm. Self-defense allows for a proportional response to being attacked. Juries look to see who was the primary aggressor. They look at medical records, the timing of 911 calls and sometimes the history between the parties in determining if self-defense was used.
Alibi
Presenting evidence that you were not there when the incident happened is a common defense. We had a client who was going through a bad divorce. His wife had severe mental illness issues. She called 911 screaming that the defendant had broken a window to her house and was entering trying to kill her. None of this was true. He was in California on business at the time. We had airplane tickets and hotel receipts proving this. As a result of his alibi a jury found him not guilty of this crime. Cell phone location services often provide viable alibis.
What Should I Expect if I am Charged With Domestic Violence in Massachusetts: The Court Process?
Arrest and Booking
In Massachusetts allegations of domestic violence almost always result in an arrest. If you are arrested for domestic assault and battery you will be held for a minimum 6 hours. A magistrate will appear at some point to set a bail but you cannot be released until the 6 hour period has expired. In more severe cases you will be held until a judge addresses bail at your arraignment.
Arraignment
At the arraignment the charges are read. The district attorney will request bail and/or conditions of release. Your lawyer will argue against bail and against any unreasonable conditions being requested. Conditions such as stay away and no contact with the alleged victim are common. If the alleged victim does not want these conditions imposed your lawyer needs to make this clear immediately. Having the alleged victim in court to state his/her position makes a difference. At a minimum you want them available by phone or Zoom.
Pretrial Proceedings
The best results can be obtained through the discovery and pretrial process. Good lawyering at this stage can change the outcome of a case. Excluding potential evidence through excited utterance motions, winning motions to suppress, litigating motions to dismiss are all tools that can help you win.
Potential Resolutions
- Acquittal after jury trial or bench trial
- Dismissal
- Pretrial probation under G.L. c. 276 §87
- Continuance without a finding (CWOF)
FREQUENTLY ASKED QUESTIONS
Can the victim drop the charges?
No. In Massachusetts the victim cannot drop the charges. Once you are arraigned you need to defend the charges.
Will I lose my firearms?
Yes. As a matter of law if there is a 209A restraining order you will be required to surrender all firearms. When you are charged with a crime of domestic violence your weapons must be surrendered.
Do I need a lawyer?
Yes. Absolutely. In any criminal case, particularly those involving domestic violence you need to hire a lawyer.
If the alleged victim asserts a privilege can the prosecution still proceed against me?
Sometimes even if a victim asserts a privilege the district attorney can proceed. These situations include:
– Independent witness
– Admissible 911 call
– Video evidence of the crime
– Forfeiture by wrongdoing
What are the privileges the alleged victim can assert
Where applicable the alleged victim can assert the marital privilege or the Fifth Amendment privilege
How long will the court process take
The court process for domestic violence cases usually take between 3 to 14 months to resolve
Speak with a Massachusetts domestic violence defense attorney
Free, confidential consultations. Available evenings and weekends. Serving all Massachusetts courts including Middlesex, Norfolk, Suffolk, Worcester, and Essex.
Location
