Massachusetts Domestic Violence Lawyer – Former Prosecutor Defense

If you were arrested for domestic assault and battery in Massachusetts, you are not just facing a criminal charge — you are facing immediate consequences that can affect your home, your children, your firearms, your job, and your future.

In most cases:

You will be arraigned within 24 hours
A no-contact order will issue automatically
A 209A restraining order may follow
You may be removed from your own home
Your firearms and License to Carry may be seized
Bail conditions may restrict where you live and who you see

And none of this requires a conviction.

Domestic violence prosecutions in Massachusetts move fast. Prosecutors are trained to pursue these cases aggressively — even if the alleged victim wants the charges dropped.

Early legal strategy is not optional. It is decisive.

Massachusetts Domestic Violence Lawyer Patrick Donovan is a former Massachusetts prosecutor who now defends individuals accused of domestic violence across District and Superior Courts. He understands how these cases are evaluated from the inside — and how to dismantle weak ones before they gain momentum.

📞 Call (617) 479-1800 now for a confidential consultation.
The first 48 hours matter more than most people realize.

Nearly 20 years of courtroom experience

For nearly two decades, Massachusetts domestic violence lawyer Patrick Donovan has represented clients in Massachusetts District and Superior Courts. As a former prosecutor, he understands how domestic violence cases are evaluated, charged, and negotiated from the inside. Donovan represents clients in Suffolk County, Norfolk County, Plymouth County, Middlesex County, and throughout Massachusetts.

What Happens in the First 48 Hours After a Domestic Violence Arrest?

Massachusetts law requires police to make an arrest if they believe probable cause exists. If you want a detailed breakdown of the court process, read our guide on what happens after a domestic violence arrest in Massachusetts. That means:

You will likely be held for a mandatory 6-hour cooling-off period
You will be arraigned in District Court
A judge may impose a no-contact order
Bail conditions may be set
You may also face a 209A restraining order. Learn more about defending a 209A restraining order in Massachusetts.
Your firearms may be seized

Even if the alleged victim does not want to press charges, the prosecutor controls the case — not the complaining witness.

This is where an experienced Massachusetts domestic violence lawyer matters.

If You Were Arrested in the Last 24 Hours:

• Do not contact the alleged victim
• Do not send apology texts
• Do not discuss the case on social media
• Do not assume the charges will be dropped

📞 Call immediately before your arraignment.

Why Hire a Former Massachusetts Prosecutor?

Attorney Patrick Donovan is a former prosecutor who now defends individuals accused of domestic violence throughout Massachusetts.

He understands:

Massachusetts domestic violence court hearing

How prosecutors build domestic assault cases
How 911 recordings are used in court
How police reports are structured
How 209A restraining orders impact criminal cases
When cases can be dismissed early
How to negotiate reductions without damaging your record

Domestic violence prosecutions are strategy-driven. You need someone who knows how the other side thinks.

📞 Call (617) 479-1800 now for a confidential case review.

Domestic Assault and Battery in Massachusetts

Domestic violence cases in Massachusetts can include:

Even a first offense can carry serious consequences — including jail time, probation, mandatory programs, and long-term firearm restrictions.

Can Domestic Violence Charges Be Dismissed?

Yes — in many cases.

Domestic violence allegations often arise from:

Emotional arguments
Divorce or custody disputes
Exaggerated statements
Misinterpreted 911 calls
Self-defense situations
Alcohol-related misunderstandings

An early and aggressive investigation can uncover:

Inconsistent witness statements
Lack of injury evidence
Video contradictions
Police report weaknesses
Improperly gathered statements
Prior false allegations

Dismissals and reductions happen — but they do not happen automatically. Early defense strategy is critical.

209A Restraining Orders and Criminal Charges

A domestic violence arrest frequently overlaps with a Chapter 209A abuse prevention order.

That means:

You may be removed from your home immediately
You may lose access to your children
You may be prohibited from contacting the alleged victim
You may be ordered to surrender firearms

Even if the criminal case is pending, the restraining order hearing moves quickly — often within 10 days.

The restraining order can directly affect the criminal case. Statements made at the 209A hearing can be used later in court.

These two cases must be handled strategically together.

Firearms and Gun License Consequences

A domestic violence charge in Massachusetts carries consequences that extend far beyond criminal penalties.

Firearms & License to Carry (LTC)

A judge may immediately:

Suspend or revoke your License to Carry
Order surrender of all firearms and ammunition
Prohibit future firearm ownership upon conviction

For law enforcement officers, military personnel, security professionals, or business owners, this consequence alone can threaten a career.

Child Custody & Probate Court Impact

Domestic violence allegations frequently surface in:

Divorce proceedings
Custody disputes
Parenting time determinations
Guardianship matters

Even without a conviction, the mere existence of allegations can influence a Probate and Family Court judge’s perception.

Statements made in criminal court or during a 209A hearing can later be used in family court.

These cases do not operate in isolation. Criminal defense strategy must be coordinated with family court exposure from the very beginning.

Protecting your freedom is critical.
Protecting your parental rights and long-term stability is equally important.

Impact on Child Custody and Family Court

Domestic violence allegations can influence:

Custody determinations
Parenting time
Divorce proceedings
Guardianship matters

Even if the criminal case is resolved favorably, allegations can surface in Probate and Family Court.

Protecting your parental rights requires coordinated legal strategy.

What Happens After Arraignment?

After arraignment, the court process may include:

Pretrial conferences
Motion hearings
Discovery review
Bail review hearings
Negotiations with prosecutors
Trial preparation

Some cases resolve early. Others require aggressive litigation.

Each case turns on details — and early decisions matter.

Common Defense Issues in Domestic Violence Cases

Every case is unique, but recurring defense themes include:

Self-defense or defense of another
Mutual combat situations
False accusations during divorce
Lack of medical evidence
No visible injury
Exaggerated emotional statements
Context of 911 recordings
Prior inconsistent statements

Domestic violence cases are often more complex than they initially appear.

Massachusetts domestic violence lawyer Donovan examines the evidence piece by piece.

What to Do Immediately After a Domestic Violence Arrest

Understanding what happens after a domestic violence arrest in Massachusetts can help you avoid costly mistakes in the first few days of your case. If you have been arrested:

Do not discuss the case with anyone except your attorney
Do not contact the alleged victim
Comply with all bail and court orders
Preserve any evidence (texts, videos, witnesses)
Contact an experienced Massachusetts domestic violence lawyer immediately

What you say — and what you do — can directly affect your Massachusetts domestic violence lawyer. An experienced Massachusetts domestic violence lawyer can identify weaknesses in the prosecution’s case before your first pretrial conference.

Penalties for Domestic Assault and Battery in Massachusetts

Under Massachusetts General Laws Chapter 265 § 13M, penalties may include:

Up to 2½ years in the House of Correction
Probation
Mandatory batterers intervention programs
Anger management programs
Firearm restrictions
Permanent criminal record

Unlike many other offenses, domestic violence cases often include mandatory programs and court-imposed restrictions even before conviction.

Judges may impose pretrial conditions without your consent, including no-contact orders.

The long-term consequences can affect employment, housing, licensing, and reputation.

Frequently Asked Questions

What if the alleged victim does not want to press charges?

In Massachusetts, prosecutors can proceed with domestic violence charges even if the alleged victim does not cooperate. They may rely on 911 calls, officer observations, photographs, and other evidence.

Can I fight a restraining order?

Yes. You have the right to contest a 209A order at a hearing. Strategic preparation is essential because statements made at that hearing can affect the criminal case.

Does my spouse have to testify against me?

Massachusetts law provides certain testimonial privileges in limited circumstances. However, prosecutors may still use other forms of evidence even if a spouse declines to testify.

What is the penalty for domestic assault and battery in Massachusetts?

In Massachusetts, domestic assault and battery under M.G.L. c. 265 § 13M carries up to 2½ years in the House of Correction, probation, mandatory batterers intervention programs, firearm restrictions, and a permanent criminal record. Judges may also impose strict no-contact conditions even before conviction.

Can domestic violence charges be dropped in Massachusetts?

Yes, domestic violence charges can be dismissed in Massachusetts, but they are not dropped automatically. Dismissals typically depend on weak evidence, inconsistent statements, lack of injury, self-defense issues, or constitutional problems. Early legal intervention significantly increases the chances of dismissal or reduction.

Can I fight a 209A restraining order?

Yes, you have the right to contest a Chapter 209A restraining order at a two-party hearing, usually within 10 days of issuance. You may cross-examine the plaintiff, present evidence, and challenge whether a reasonable fear of imminent serious physical harm exists.

Will I lose my gun license after a domestic violence arrest?

A domestic violence arrest or restraining order can result in immediate suspension or revocation of your License to Carry (LTC). Courts may order surrender of all firearms and ammunition. A conviction can trigger permanent firearm restrictions under both Massachusetts and federal law.

Can domestic violence charges affect child custody?

Yes. Domestic violence allegations — even without conviction — can influence custody and parenting time decisions in Probate and Family Court. Statements made in criminal court or at a 209A hearing may later be used in custody proceedings.

Can a spouse refuse to testify in a domestic violence case?

Massachusetts recognizes limited spousal testimonial privileges. However, prosecutors may proceed using 911 recordings, police body camera footage, photographs, medical records, and excited utterances even if a spouse declines to testify.

How long does a domestic violence case take in Massachusetts?

Most domestic violence cases take several months to over a year depending on the court, evidence, and whether the case goes to trial. Early negotiation, motion practice, and evidentiary review often determine how quickly a case resolves.

What should I do immediately after a domestic violence arrest?

After a domestic violence arrest in Massachusetts, do not contact the alleged victim, do not discuss the case with anyone except your attorney, comply with all bail conditions, preserve evidence, and speak with an experienced domestic violence defense lawyer immediately.

Why Clients Choose Attorney Patrick Donovan

With nearly two decades of experience handling domestic violence cases in Massachusetts courts, Massachusetts domestic violence lawyer Donovan provides:

Former prosecutor insight
Strategic early case assessment
Aggressive courtroom advocacy
Calm, non-judgmental guidance
Personalized defense planning

Domestic violence allegations are serious. Your reputation, your freedom, and your family relationships may be on the line.

You deserve a Massachusetts domestic violence lawyer who understands both sides of the courtroom.

Protect Your Future Now

If you are facing domestic violence charges in Massachusetts, do not wait.

The first court date is often within days. Critical decisions are made early. Evidence can disappear. Bail conditions can shape your life for months.

📞 Call Massachusetts domestic violence lawyer Patrick Donovan at (617) 479-1800 today.
Free confidential consultation.
Serving clients across Massachusetts.

Your freedom matters.
Your record matters.
Your future matters.

Get experienced Ma Domestic violence defense — starting now.