What Happens After a Domestic Violence Arrest in Massachusetts
A domestic violence arrest in Massachusetts moves fast. The police, the court, and the prosecutor treat these cases as high-risk from day one—often before anyone has had time to collect records, talk to witnesses, or even understand what actually happened.
If you or someone you care about has been arrested, the most important thing to know is this: the next 24–72 hours can shape the entire case. Here’s what typically happens, step by step, and what you should do to protect yourself.
1) The arrest and booking
After a domestic incident, police often make an arrest even when the evidence is thin, the accounts conflict, or the “victim” does not want the person arrested. That’s because many departments treat domestic calls as “must arrest” situations when they believe there is probable cause.
After the arrest, the person is booked (fingerprinted, photographed) and either:
held for arraignment, or
bailed (in some cases), depending on the circumstances and the department’s policies.
2) Arraignment: the first court date (usually the next business day)
Arraignment is when the court:
formally reads the charges,
enters a not-guilty plea (almost always),
sets bail conditions, and
issues no-contact orders or other restrictions.
Common charges at arraignment
Domestic violence cases can involve a wide range of charges, including:
Assault & Battery (A&B)
A&B on a family/household member
Assault with a dangerous weapon (sometimes alleged based on everyday objects)
Threats, intimidation, witness interference
Malicious destruction of property
Strangulation/suffocation allegations
Violation of a restraining order (209A) or harassment order (258E)
3) The “no contact” order—what it is and why it matters
In Massachusetts, a no-contact order at arraignment is extremely common, even if:
you live together,
you share children,
the complaining witness wants contact, or
the incident was minor or mutual.
A no-contact order can prohibit:
calls, texts, DMs, emails
third-party messages (“tell her I’m sorry” still counts)
coming to the home
seeing the person in public
contact through children or family members
Violating a no-contact order is a new criminal case. Judges and prosecutors take violations seriously, and they often worsen bail conditions immediately.
4) “But the complainant wants to drop it”—can the case go away?
Sometimes. Often not.
In Massachusetts, the Commonwealth controls the case, not the complaining witness. Even if the alleged victim recants or asks to dismiss, prosecutors may continue if they believe they can prove the charge using:
911 calls
body-worn camera video
excited utterances or statements at the scene
photographs of injuries or property damage
medical records
neighbor or family witnesses
jail calls or texts (post-arrest communications can be a major problem)
This is why the earliest stage—before the story hardens—is so important.
5) Discovery and the early “evidence picture”
After arraignment, your lawyer begins the work that actually wins cases: forcing the Commonwealth to show its hand.
In a domestic case, key discovery often includes:
911 call audio
dispatch logs
body-worn camera and cruiser video
photographs taken by police or medical staff
medical records and EMS reports
witness statements (including what was not written down)
prior calls to the address (sometimes helpful, sometimes harmful)
text messages/social media relevant to motive, timeline, or credibility
Many cases turn on video. The paper report often tells only one version of a chaotic event.
6) The next court dates: pretrial, motion practice, and negotiations
Most domestic cases are not “one and done.” They move through:
a pretrial conference (status of discovery, conditions, and negotiations),
possibly a motion hearing (to suppress statements, exclude evidence, or compel discovery), and
a trial date if the case isn’t resolved.
Common defense goals early on
Modify or lift harsh conditions (especially no-contact orders when safe and appropriate)
Identify contradictions between 911, BWC, and later statements
Preserve texts/phone data that may disappear
Build a timeline and motive analysis (anger, jealousy, intoxication, custody conflict, breakup dynamics)
Prepare impeachment that is clean and credible—not aggressive for its own sake
7) Can you get the no-contact order modified?
Sometimes, yes—but courts will want a clear, safe plan, and you should not attempt to handle it yourself. Judges often look for:
stable housing arrangements
structured child-exchange logistics
therapy or counseling plans (in appropriate cases)
proof there’s no intimidation or manipulation
a credible explanation of why contact is necessary and safe
Even where modification is possible, it needs to be done strategically. A rushed or sloppy request can backfire.
8) Should you talk to the police or “clear it up”?
Almost never.
Domestic cases are full of situations where someone thinks:
“If I just explain what happened, they’ll understand.”
But once an arrest is made, statements often become evidence. And in domestic cases, your own words can become the centerpiece of the prosecution—especially if the physical evidence is weak.
If you are represented, communications should go through counsel.
9) What you should do immediately after a domestic violence arrest
Here are the moves that protect you—practically and legally:
Do not contact the complainant if there is any no-contact order (or if one is likely).
Preserve evidence: screenshots, texts, call logs, location history, photos of injuries, damaged property.
Write a private timeline for your lawyer: who was present, what was said, who was drinking, and what happened before police arrived.
Identify witnesses early (neighbors, family, babysitters, people on the phone).
Avoid “fixing it” through third parties. It often creates witness intimidation allegations.
Don’t discuss the case on recorded jail calls. Assume everything is being listened to.
Hire a lawyer early. The first court appearance sets the tone for bail and conditions.
10) The long view: what’s really at stake
A domestic violence arrest can affect:
your freedom (probation, jail, house of correction)
your ability to return home
your custody/parenting rights
firearm licensing and employment
immigration status (in some cases)
your record and reputation
And it can do all of that even when the underlying incident was mutual, exaggerated, or misunderstood.
Call us before the case defines you
If you or a loved one has been arrested for domestic violence in Massachusetts, you need counsel who will move quickly, get the video, challenge the narrative, and protect you from preventable mistakes in the first week.
Call Benzaken, Sheehan & Wood, LLP at (508) 897-0001 for a consultation.
Q&A: What Happens After a Domestic Violence Arrest in Massachusetts
1) Will the case be dismissed if the alleged victim asks to drop it?
Not necessarily. The prosecutor controls the case and may proceed using 911 audio, body-worn camera, photos, and other evidence.
2) How soon is arraignment after an arrest?
Usually the next business day. That’s when bail and conditions—often including no-contact—are set.
3) Can I go back home after a domestic arrest?
Sometimes, but many defendants are ordered to stay away from the home, at least initially. Violating conditions can lead to a new arrest.
4) What if we share children?
Courts may impose structured conditions for parenting time or exchanges. Do not improvise contact—work through counsel to modify conditions safely.
5) Should I talk to the police to explain my side?
In most cases, no. Statements can become evidence and can harm your defense. Let your attorney handle communications.
A domestic violence arrest can turn your life upside down in a matter of hours—your freedom, your home, your family, and your future all at once. What happens next depends on what you do right now. The wrong move, or the wrong delay, can create damage that is difficult—or impossible—to undo.
If you or someone you care about has been arrested, don’t wait. Call Benzaken, Sheehan & Wood, LLP at (508) 897-0001 for a confidential consultation and experienced defense before the case defines you.