Brookline Domestic Assault and Battery Lawyer

Being charged with Domestic Assault & Battery in Brookline, MA is a serious legal matter that can lead to jail time, fines, and a permanent criminal record. Massachusetts has strict domestic violence laws, and prosecutors aggressively pursue these cases—even if the alleged victim does not want to press charges.

At the Marin, Barrett, and Murphy Law Firm, we understand the complexities of domestic violence cases and provide aggressive, strategic defense for our clients. Whether you are facing false allegations, acted in self-defense, or were involved in a misunderstanding, we are here to fight for you.

Understanding Domestic Assault & Battery Charges in Massachusetts

Under Massachusetts General Laws Chapter 265, Section 13M, Domestic Assault & Battery (A&B) occurs when someone intentionally touches another person without consent or uses force in a domestic setting.

A domestic relationship includes:

• Spouses or ex-spouses
• Dating partners (current or former)
• People who live together or previously lived together
• Parents of a child together

Unlike simple assault and battery cases, domestic charges carry enhanced penalties and often lead to protective orders, mandatory counseling, and stricter bail conditions.

Penalties for Domestic Assault & Battery in Brookline

A Domestic Assault & Battery conviction can result in:

First Offense (Misdemeanor Charge)

• Jail Time: Up to 2.5 years in the House of Correction.
• Fines: Up to $5,000.
• Probation: May include a Certified Batterer's Intervention Program.
• Restraining Orders (209A Orders): May prohibit contact with the alleged victim.

Second or Subsequent Offense (Felony Charge)

• Jail Time: Up to 5 years in state prison.
• Harsher penalties for repeat offenders or serious injuries.

Aggravating Factors That Increase Penalties

• Serious injuries to the alleged victim.
• Use of a weapon during the incident.
• Violation of a restraining order.
• Injury to a child or a pregnant victim.

Restraining Orders & Protective Orders in Domestic A&B Cases

Many domestic violence cases involve a 209A Abuse Prevention Order, commonly known as a restraining order.

Types of Protective Orders

🔴 No-contact orders (Prohibits direct or indirect contact).

🔴 Stay-away orders (Prohibits being near the victim's home, work, or school).

🔴 Child custody restrictions (Temporary custody may be given to the alleged victim).

⚠ Violating a restraining order is a separate criminal offense that carries additional penalties.

Statute of Limitations for Domestic Assault & Battery in Massachusetts

The statute of limitations for Domestic Assault & Battery in Massachusetts is 6 years. However, charges are usually filed immediately after an arrest.

For more serious felony charges, the statute of limitations may be extended based on aggravating factors.

Defenses Against Domestic Assault & Battery Charges

At the Marin, Barrett, and Murphy Law Firm, we use aggressive legal strategies to fight these charges, including:

1. False Allegations
   Domestic disputes can lead to false accusations due to anger, jealousy, or custody battles.
   We investigate inconsistencies in the accuser's statements to uncover the truth.
2. Lack of Evidence
   The prosecution must prove the case beyond a reasonable doubt.
   If there is no physical evidence, conflicting witness statements, or unreliable testimony, we fight for case dismissal.
3. Self-Defense or Defense of Others
   If you were defending yourself or another person from harm, you may have a valid legal defense.
   We gather witness testimony, surveillance footage, and forensic evidence to support your case.
4. No Intent to Harm
   Accidental contact without criminal intent does not meet the legal definition of assault and battery.
   We argue for charges to be dropped or reduced based on the circumstances.
5. Violation of Constitutional Rights
   If police failed to read your Miranda rights, conducted an illegal search, or coerced a confession, we can challenge the arrest and move to suppress evidence.

Where Will Your Domestic Assault & Battery Case Be Heard?

Brookline District Court
📍 360 Washington St., Brookline, MA 02445
📞 (617) 232-4660

Your arrest was likely handled by:

Brookline Police Department
📍 350 Washington St, Brookline, MA 02445
📞 (617) 730-2222

Why Choose the Marin, Barrett, and Murphy Law Firm?

At the Marin, Barrett, and Murphy Law Firm, we provide aggressive and strategic defense for clients facing Domestic Assault & Battery charges in Brookline and throughout Massachusetts.

• Decades of Criminal Defense Experience
• Personalized Legal Strategies for Every Case
• Proven Success in Dismissing & Reducing Charges
• 24/7 Legal Support – We're Always Available
• Strong Reputation in Massachusetts Courtrooms