Pretrial Detention and Dangerousness Hearings in Massachusetts Domestic Violence Cases
When a loved one is arrested on a domestic violence charge, the first question families ask is: “When will they come home?”
In Massachusetts, the answer is not always straightforward. In many domestic violence cases, prosecutors request a “dangerousness hearing” under G.L. c. 276, §58A. At these hearings, a judge has the power to hold someone without bail for up to 120 days, or impose very strict conditions like GPS monitoring or house arrest.
If your family member has been arrested and is suddenly held without bail in Brockton District Court or Brockton Superior Court, you are probably frightened and confused. This guide explains what a dangerousness hearing is, why it happens in domestic violence cases, and how a skilled Brockton dangerousness hearing lawyer can fight to bring your loved one home.
What Is a Dangerousness Hearing?
A dangerousness hearing is a special proceeding authorized by Massachusetts General Laws c. 276, §58A.
At a dangerousness hearing, the judge decides whether the defendant should:
Be held in jail without bail until trial, or
Be released with strict conditions designed to protect the alleged victim and the community.
This is different from the usual bail hearing, where the court considers whether the defendant is likely to return to court. Dangerousness hearings focus on public safety and whether releasing the defendant would pose too much risk.
Why Do Dangerousness Hearings Come Up in Domestic Violence Cases?
Domestic violence charges are specifically listed in the dangerousness statute. The law allows prosecutors to request detention when the defendant is charged with:
Assault and battery on a family or household member (G.L. c. 265, §13M)
Violation of a restraining order (209A or 258E)
Strangulation or suffocation (G.L. c. 265, §15D)
Stalking (G.L. c. 265, §43)
Other offenses involving alleged abuse, threats, or weapons
Because of this, dangerousness hearings are very common in domestic cases, even when the underlying allegations are relatively minor.
How the Process Works
Step 1: Prosecutor’s Motion
At arraignment, the prosecutor can move for a dangerousness hearing. The judge may then hold the defendant for up to three business days while the hearing is scheduled.
Step 2: The Hearing
At the hearing itself:
The Commonwealth may present police reports, witness statements, medical records, and testimony.
The defense has the right to cross-examine witnesses and present its own evidence.
Rules of evidence are relaxed — hearsay is often allowed — but the defense can still challenge reliability.
Step 3: Judge’s Decision
The judge must decide whether no conditions of release can reasonably assure the safety of the alleged victim or the community. If the judge finds the defendant is too dangerous, they can order detention without bail for up to 120 days (extendable in Superior Court).
What Factors Does a Judge Consider?
Judges look at several factors when deciding dangerousness in domestic violence cases:
Nature of the charges – Strangulation, threats, or use of weapons are taken very seriously.
Criminal record – Prior domestic violence arrests, probation violations, or restraining order violations weigh heavily.
Relationship to the alleged victim – If the defendant and complainant live together, judges may view risk as higher.
History of substance abuse or mental health issues – Prosecutors often highlight these as risk factors.
Strength of the evidence – If the allegations are weak or based only on hearsay, the defense can argue detention is not justified.
Available conditions of release – Judges must consider whether GPS monitoring, stay-away orders, or treatment programs could manage risk instead of jail.
What Does “Held Without Bail” Mean in Massachusetts?
Being “held without bail” does not mean there is no bail amount. It means the judge has decided the defendant must remain in custody until trial (or until the 120-day period expires), regardless of how much money they or their family could post.
In Brockton, families are often shocked to learn that writing a check or posting property cannot secure release once a dangerousness order is entered. The only way to challenge it is through a skilled defense presentation at the hearing or an appeal.
How a Defense Lawyer Can Fight a Dangerousness Hearing
Dangerousness hearings move fast. That’s why having an experienced defense lawyer is critical. Some strategies include:
Challenging the Commonwealth’s Evidence
Pointing out inconsistencies in the alleged victim’s statements
Highlighting lack of injuries or medical evidence
Questioning the credibility of hearsay testimony
Offering Conditions of Release
Judges are required to consider whether conditions can reasonably assure safety. Defense counsel can propose:
Stay-away and no-contact orders
GPS monitoring
Alcohol or drug testing
Mental health or substance abuse treatment
Third-party supervision
By showing that strict conditions can protect the alleged victim, a defense lawyer may convince the judge that detention is unnecessary.
Emphasizing Defendant’s Ties and Stability
Long-term residence in the community
Steady employment
Family responsibilities
No history of failing to appear in court
These factors can reassure the judge that the defendant is not a flight risk or ongoing threat.
Example: Brockton District Court Case
Imagine a defendant charged with assault and battery on a family member after an argument at home. The police report notes a minor scratch, but no medical treatment was needed. The prosecutor still requests a dangerousness hearing.
At the hearing:
The Commonwealth relies on hearsay statements from the complainant and vague allegations of past incidents.
The defense presents testimony from a family member confirming the defendant works full-time, supports his children, and has no prior violent record.
The defense proposes release on conditions: GPS monitoring, no-contact order, and alcohol testing.
In this situation, a strong defense presentation can persuade the judge to deny detention and order conditional release.
Why These Hearings Are High-Stakes
Dangerousness hearings are often the most important part of a domestic violence case. If the defendant is held without bail:
They may lose their job while sitting in jail.
They may be cut off from children and family.
They have less ability to work with counsel to prepare a defense.
Winning release at this stage can make the difference between protecting your future and facing months behind bars before trial.
What Families Should Do Immediately
If your loved one is arrested and a dangerousness hearing is requested:
Do not panic — but act quickly. The hearing often happens within a few days.
Contact a Brockton dangerousness hearing lawyer immediately. Time is short to gather evidence, witnesses, and release plans.
Gather documents showing employment, medical needs, or family responsibilities.
Prepare for conditions of release. Be ready to offer GPS, treatment programs, or third-party supervision.
Related Topics
Conclusion
Dangerousness hearings under G.L. c. 276, §58A allow judges to hold defendants without bail in domestic violence cases. For families in Brockton and across Massachusetts, this can feel devastating — but detention is not automatic.
With the right legal strategy, it is often possible to challenge the Commonwealth’s case, propose safe release conditions, and bring your loved one home.
Call to Action:
If your loved one has been arrested and is facing a dangerousness hearing in Brockton or anywhere in Massachusetts, call Benzaken, Maguire, Sheehan & Wood, LLP today. Our experienced attorneys know how to fight §58A detention requests and protect your family’s future. Contact us now for a free consultation.