Collateral Consequences of a Domestic Violence Case in Massachusetts
When someone is charged with a domestic violence offense in Massachusetts, the focus is usually on the immediate criminal case: Will there be jail time? What are the fines? How will the case be resolved?
But the reality is that domestic violence charges carry consequences that reach far beyond the courtroom. Even if a case ends without a conviction, defendants often face serious collateral penalties that affect their rights, careers, families, and futures.
As a Brockton domestic violence lawyer, I have seen many clients blindsided by these secondary consequences. This guide will explain the hidden fallout of a domestic violence case, including firearm rights, restraining orders, mandatory programs, immigration concerns, and child custody issues.
Firearm Rights and Domestic Violence Charges
One of the most significant consequences of a domestic violence case in Massachusetts is the impact on firearms licenses.
LTC and FID Suspension
Under state law, anyone subject to a 209A abuse prevention order or a domestic violence conviction will have their License to Carry (LTC) or Firearms Identification Card (FID) suspended or revoked. Police will also seize any guns or ammunition in the person’s possession.
Even if the criminal case is dismissed, the mere issuance of a restraining order can cause a defendant to lose firearms privileges. For many people — including veterans, hunters, sportsmen, and security professionals — this is devastating.
Federal Law Consequences
The federal Lautenberg Amendment makes it unlawful for anyone convicted of a misdemeanor crime of domestic violence to possess firearms or ammunition. This means that even a continuance without a finding (CWOF) or a guilty plea on a seemingly minor domestic assault charge can result in a lifetime federal firearms ban.
Example:
A Brockton father charged with assault and battery on a family member may avoid jail through probation, but if he pleads guilty or admits to sufficient facts, he may never legally own a firearm again.
No-Contact and Household Exclusion Orders
In nearly every domestic violence case, judges impose bail conditions or 209A orders that restrict where the defendant can live and who they can see.
No-Contact Orders
Prohibit any communication with the alleged victim, including calls, texts, emails, or social media.
Violating a no-contact order is a separate criminal offense.
Stay-Away Orders
Require the defendant to stay away from the victim’s home, work, or school.
Even accidental contact can result in arrest.
Household Exclusion / Vacate Orders
Judges can order the defendant to leave their home immediately, even if their name is on the lease or mortgage.
This can create enormous financial and emotional stress for families.
Example:
A defendant in Brockton District Court arraigned on a domestic assault charge may be ordered to vacate his home and have no contact with his spouse. This can mean living in a hotel or with relatives for months while the case is pending.
Mandatory Batterer’s Intervention Programs
Massachusetts law requires many domestic violence defendants to attend a Batterer’s Intervention Program (BIP) — a 26-week program also called “intimate partner abuse education.”
Conditions of the Program
Weekly classes for six months
Costs paid by the defendant (usually several hundred dollars)
Mandatory attendance, with violations reported to probation
Why It Matters
Participation in a BIP is not optional. For many defendants, the time commitment, expense, and stigma are significant burdens. Failure to complete the program can result in probation violations and jail time.
Immigration Consequences
For non-citizens, a domestic violence case can have life-altering immigration consequences, even without a conviction.
Deportation and Inadmissibility
Under federal immigration law, domestic violence offenses are considered “crimes of moral turpitude” and can make someone deportable or inadmissible to the United States.
Examples of Risks:
Pleading to assault and battery on a family or household member can trigger removal proceedings.
Admissions to certain conduct in court, even without a conviction, may be enough for immigration authorities.
Protective orders and probation conditions can also affect immigration status.
This means a defendant with a green card or on a visa could face deportation proceedings after a domestic case, even if the criminal court result seems minor.
Child Custody and Family Law Implications
Domestic violence charges also affect family court proceedings, particularly child custody disputes.
Impact on Custody
Judges in Probate & Family Court must consider any history of domestic violence when making custody or visitation orders.
Even allegations — not proven convictions — can weigh heavily against a parent.
Supervised Visitation
In many cases, a parent facing DV allegations may only be allowed supervised visitation with their children until the case is resolved.
209A Orders and Custody
If the other parent obtains a 209A order, it may include temporary custody provisions that drastically limit parenting time.
Example:
A father charged in Brockton District Court may simultaneously face a Probate & Family Court hearing where the mother seeks sole custody based on the criminal allegations.
Employment and Professional Licenses
Domestic violence charges can also ripple into your career.
Employers may suspend or fire employees facing DV allegations.
Professional licenses (nursing, teaching, law enforcement, commercial drivers) may be suspended or revoked.
CORI background checks make it harder to find future employment, even if the case is continued without a finding.
Why These Collateral Consequences Matter
The collateral fallout of a domestic violence case can often be more damaging than the criminal penalties themselves. Even if you avoid jail time, you may still lose your job, your home, your firearms, or custody of your children.
This is why it is so important to have an experienced defense lawyer who not only fights the criminal case, but also helps you navigate the broader consequences.
How a Brockton Domestic Violence Lawyer Can Help
A skilled defense lawyer can:
Challenge the criminal charges in Brockton District or Superior Court
Fight against restraining orders that affect housing, custody, and firearms rights
Advocate in family court to protect parenting rights
Work with immigration counsel when a client faces deportation risk
Negotiate outcomes that minimize long-term collateral harm, such as continuances without a finding (CWOFs) or dismissals
At Benzaken, Maguire, Sheehan & Wood, LLP, we understand that protecting your future means more than avoiding jail — it means fighting to preserve your rights, your family, and your livelihood.
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Conclusion
Domestic violence cases in Massachusetts are high stakes, not just because of potential criminal penalties, but because of the wide-ranging collateral consequences they trigger. Firearm rights, housing, child custody, immigration status, and employment can all be jeopardized — often before the case is even resolved.
If you are facing domestic violence charges in Brockton or anywhere in Massachusetts, you need a lawyer who understands both the criminal system and the collateral fallout.
Call to Action:
Contact Benzaken, Maguire, Sheehan & Wood, LLP today if you are facing a domestic violence case. Our experienced attorneys know how to protect your rights in court and defend against the collateral consequences that threaten your future. Call now for a free consultation.