Can I Have Any Contact with the Alleged Victim After an Arrest in Brockton?
NO. Under Massachusetts law, you CANNOT have any contact of any kind with the alleged victim while your case is pending, unless a judge explicitly modifies the order in open court.
Following a domestic arrest in Plymouth County—whether for Domestic Assault and Battery (M.G.L. c. 265, § 13M), Strangulation, or Malicious Destruction of Property—the court will almost always issue a "No Contact and Stay Away" order during your arraignment.
This order is an absolute legal mandate. Even if the alleged victim calls you, texts you, apologizes, or begs you to return to your shared home, answering or engaging in any way is an immediate legal violation. The order restrains you, not the complaining witness.
Where Are No-Contact Orders Enforced in Plymouth County?
All bail conditions, restraining order modifications, and violation proceedings for Brockton, Abington, Bridgewater, East Bridgewater, West Bridgewater, and Whitman are litigated at:
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Courthouse Location: Brockton District Court, 215 Main Street, Brockton, MA 02301.
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Enforcing Agencies: Brockton Police Department, Massachusetts State Police, and the Plymouth County District Attorney's Office.
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Civil Protective Orders: Handled through Brockton District Court or Plymouth County Probate and Family Court (located in Brockton and Plymouth).
Two Separate Legal Orders: Bail Conditions vs. 209A Restraining Orders
You may be subject to one or both of these distinct legal restraints:
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Criminal Bail Condition (M.G.L. c. 276, § 58): Imposed by the judge at arraignment as a prerequisite for your pretrial release. It ordinarily orders you to stay away from the victim's residence, workplace, and have zero direct or indirect contact.
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Civil 209A Abuse Prevention Order (M.G.L. c. 209A): A separate civil restraining order that the alleged victim may obtain from a judge or an emergency after-hours magistrate. Violating this civil order is a separate criminal misdemeanor.
What Constitutes "Contact" Under Massachusetts Law?
Massachusetts courts interpret "contact" broadly. Prosecutors and police treat digital, physical, and indirect communication as active violations:
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Communication Category |
Examples of Prohibited Actions |
Legal Status & Risk |
|
Direct Digital / Verbal Contact |
Phone calls, text messages, voicemails, emails, handwritten letters, or sending flowers/gifts. |
STRICTLY PROHIBITED. Triggers immediate arrest or bail revocation. |
|
Social Media Interaction |
Direct messages (DMs), liking photos, commenting, tagging, or sending friend requests. |
STRICTLY PROHIBITED. Creates digital evidence prosecutors use in court. |
|
Third-Party Messaging |
Asking friends, siblings, parents, or mutual acquaintances to "tell them I'm sorry" or "ask them to drop charges". |
STRICTLY PROHIBITED. Can result in Felony Witness Intimidation (c. 268, § 13B). |
|
Accidental Public Encounters |
Crossing paths at a grocery store, shopping plaza, gym, or restaurant. |
MUST LEAVE IMMEDIATELY. Turn around and exit without speaking or making physical gestures. |
|
Attorney Communications |
Communications conducted exclusively through legal counsel for defense purposes. |
LEGAL & PERMITTED. Legitimate contact through your defense counsel. |
The Legal Traps: What Happens If You Break a No-Contact Order?
Disregarding a no-contact condition in Brockton District Court can lead to severe consequences:
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90-Day Pretrial Bail Revocation (M.G.L. c. 276, § 58): If prosecutors prove by clear and convincing evidence that you violated your conditions of release, the judge can revoke your bail and hold you in jail for up to 90 days without bail while your trial is pending.
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New Criminal Charges for 209A Violation (M.G.L. c. 209A, § 7): Violating a civil restraining order is a distinct misdemeanor carrying up to 2.5 years in a House of Correction and mandatory enrollment in a certified batterer's intervention program.
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Witness Intimidation Prosecution (M.G.L. c. 268, § 13B): If you ask the alleged victim to skip court, recant their story, or talk to the prosecutor, you face a felony charge carrying up to 10 years in State Prison.
How to Legally Modify or Remove a No-Contact Order
The alleged victim cannot give you permission to contact them, nor can they cancel the bail condition privately. Contact can only resume through proper judicial channels:
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Filing a Motion to Amend Bail Conditions: Your defense attorney files a formal motion before a judge in Brockton District Court requesting that the no-contact provision be modified.
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Victim-Witness Advocate Consultation: The alleged victim speaks with the prosecutor or victim advocate, stating on the record that they wish for the order to be lifted or softened to a "no-abuse" condition.
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Carve-Outs for Child Visitation: If minor children are involved, we can petition the court to allow communication solely through third parties (such as grandparents) or monitored parenting applications (e.g., OurFamilyWizard).
Contact Our Massachusetts Domestic Violence Defense Team Today
The Law Offices of Kensley Barrett
📍 Massachusetts Office: 572 Washington Street, Suite 21, Wellesley, MA 02482
📞 Call Now: (857) 229-2442
🌐 Website: www.krbarrettlaw.com
