Domestic Violence Criminal Charges in Massachusetts: What You Need to Know
When police are called to a domestic disturbance in Massachusetts, it often leads to an arrest — even if the alleged victim does not want charges pressed. What many people don’t realize is that Massachusetts has domestic violence–specific criminal statutes that go beyond “regular” assault laws.
If you or a loved one has been charged with assault and battery on a family or household member (§13M) or strangulation/suffocation (§15D), the consequences are serious. These laws carry enhanced penalties, mandatory conditions, and long-lasting collateral consequences.
At Benzaken, Maguire, Sheehan & Wood, LLP, we defend clients every day in Brockton and across Plymouth County against these kinds of charges. This guide will explain the statutes, penalties, defenses, and why you should consult an experienced Brockton domestic violence defense attorney immediately.
Assault & Battery on a Family or Household Member (G.L. c. 265, §13M)
The Basics
Under §13M, the Commonwealth must prove:
The defendant committed an assault and battery (intentional offensive touching or reckless harmful contact); and
The alleged victim was a family or household member.
This is different from a general assault and battery under §13A, because it focuses specifically on intimate or family relationships.
Who Is a “Family or Household Member”?
The statute defines this broadly to include:
Spouses or former spouses
People living together or who have lived together
Relatives by blood or marriage
Parents with a child in common, regardless of marriage or living arrangement
People who are or were dating or in a substantive dating relationship
That means an argument with a roommate, ex-girlfriend, or co-parent can turn into a domestic violence charge, not just a generic assault case.
Penalties
Up to 2.5 years in the House of Correction
Possible fines
Probation with conditions, including mandatory batterer’s intervention programs (26-week course)
Collateral Consequences
Even if the case doesn’t result in jail, a conviction can:
Show up on CORI background checks
Impact family court custody disputes
Lead to firearms license suspension or revocation
Cause immigration problems for non-citizens
Strangulation and Suffocation (G.L. c. 265, §15D)
Why It’s Treated Differently
Massachusetts enacted this law because prosecutors and legislators saw strangulation as a particularly dangerous form of domestic violence, even when it leaves little visible injury. Medical evidence shows strangulation can cause serious harm in seconds.
Elements of the Crime
To prove strangulation, the Commonwealth must show that the defendant:
Applied pressure to the throat or neck of another person, or blocked their nose or mouth;
Intentionally impeded normal breathing or circulation of blood; and
Did so knowingly and without legal justification.
Penalties
Up to 5 years in state prison or 2.5 years in the House of Correction
Enhanced penalties if:
The victim is pregnant
The victim suffers serious bodily injury
There is a restraining order in effect
The defendant has a prior strangulation conviction
These aggravating factors can trigger mandatory minimum sentences and harsher prison terms.
Why This Matters for Defense
Because strangulation often leaves no visible injuries, cases may rest heavily on the alleged victim’s word alone. That makes cross-examination, medical record review, and timeline analysis critical.
How These Laws Differ from General Assault Statutes
General A&B (§13A): Any harmful or offensive touching, regardless of relationship.
Domestic A&B (§13M): Same conduct, but with a family or household member, triggering added penalties and conditions.
Strangulation (§15D): Separate felony, often charged alongside A&B.
In practice, this means that if police respond to a domestic argument, even if minimal contact is alleged, prosecutors may bring multiple charges — general A&B, A&B on a family member, and strangulation if choking is mentioned.
Common Defenses to Domestic Violence Charges
Domestic violence cases are unique because they often arise out of highly emotional situations, and evidence can be thin or conflicting.
Defenses Include:
Self-defense: You had the right to use reasonable force to protect yourself.
Defense of others: You acted to protect a child or another person.
Accident: Any contact was unintentional.
False allegations: Sometimes accusations are made to gain leverage in custody disputes, divorces, or breakups.
Lack of evidence: Police often arrest based on minimal evidence (a red mark, a 911 call, or statements made in the heat of the moment).
Recanting witnesses: The alleged victim later changes their story or does not want to prosecute. The Commonwealth may still try to proceed, but their case is weaker.
Brockton Case Example: Arrest Without a Victim Complaint
In Brockton District Court, it is common for police to arrest a defendant after a neighbor calls 911. Even if the alleged victim insists “nothing happened” or does not want to press charges, prosecutors may move forward under a “no-drop” policy.
This means the Commonwealth, not the complainant, decides whether charges are pursued. Defendants are often shocked to find themselves facing domestic violence charges even when the person involved does not want to testify.
Consequences Beyond the Courtroom
A domestic violence charge can impact nearly every aspect of your life:
Restraining orders: Judges often impose 209A orders at arraignment or as bail conditions.
Housing: Being forced out of your home by a vacate order.
Firearms: Automatic suspension of an LTC/FID.
Employment: Employers may fire or refuse to hire someone with a DV charge.
Child custody: Family courts consider domestic violence allegations in parenting plans.
Immigration: Convictions can be grounds for deportation or denial of naturalization.
Why You Need a Brockton Domestic Violence Defense Attorney
Domestic violence cases move fast in Massachusetts. From the moment of arraignment, judges may impose no-contact orders, curfews, GPS monitoring, or other strict conditions. If you don’t act quickly, your rights can be severely restricted before trial even begins.
An experienced defense lawyer can:
Challenge the sufficiency of the complaint or police report
Seek dismissal of unsupported charges
Cross-examine the complainant and expose inconsistencies
Present evidence of self-defense or accident
Negotiate alternative outcomes such as pretrial probation or continuances without a finding (CWOFs)
Work to protect your firearms rights, employment, and family relationships
In Plymouth County courts — Brockton District Court, Hingham District Court, Plymouth District Court, and Brockton Superior Court — local experience matters. We know how domestic violence cases are prosecuted here and how to build an effective defense.
Related Topics
Conclusion
Domestic violence charges in Massachusetts carry serious penalties and life-altering consequences. Assault and battery on a family or household member and strangulation are not just “ordinary” assault charges — they are targeted statutes with enhanced punishments.
But being charged does not mean being convicted. Many cases rely on weak evidence, conflicting stories, or allegations made in the heat of an argument. With the right defense strategy, it is possible to fight the charges, protect your rights, and safeguard your future.
Call to Action:
If you are facing domestic violence charges in Brockton or anywhere in Massachusetts, contact Benzaken, Maguire, Sheehan & Wood, LLP today. Our experienced Brockton domestic violence defense attorneys are ready to stand with you. Call now for a free consultation.