Can I See My Kids After Being Arrested for Domestic Violence in Brockton?

YES, you can—but NOT until your release conditions or restraining orders are formally modified by a judge in court.

Following an arrest for Domestic Assault and Battery (M.G.L. c. 265, § 13M) in Plymouth County, the immediate default is almost always a total shutdown of contact with your children.

Because Massachusetts bail orders and 209A Abuse Prevention Orders routinely command you to stay completely away from the alleged victim's home and have zero direct or indirect communication, seeing your children becomes legally impossible if they reside with the alleged victim.

Attempting to text the other parent to arrange drop-offs, showing up at school pickup, or visiting the residence without explicit court authorization will result in your immediate arrest for violating bail conditions or a 209A order.

Where Are Custody & Visitation Matters Handled in Plymouth County?

Restoring your parental access requires coordinating between two separate courts located in Brockton:

• Criminal Case & Initial Bail Conditions: Brockton District Court, 215 Main Street, Brockton, MA 02301. (Sets initial bail conditions, including stay-away orders and emergency 209A restrictions).

• Family Custody & Long-Term Parenting Plans: Plymouth County Probate and Family Court (Brockton Division: 215 Main Street, Brockton, MA 02301 / Plymouth Division: 52 Obery Street, Plymouth, MA 02360). (Has ultimate authority over legal custody, parenting schedules, and modifying District Court restraining orders for child access).

• State Agency Involvement: Massachusetts Department of Children and Families (DCF) — Brockton Area Office (60 Main Street, Brockton, MA 02301). (Often investigates if children were present during the alleged altercation).

The Legal Barriers Preventing Child Contact After an Arrest

Three separate legal mechanisms often prevent immediate contact with your kids:

The Risk of Self-Help: Why You Must Never Contact the Other Parent

Under M.G.L. c. 209A, § 7 and M.G.L. c. 276, § 58, there is no exception for "just checking on the kids" or "asking about their school schedule" unless the order contains a specific, written carve-out:

• Sending a text message asking to speak with your child is an active violation of a no-contact order.

• Sending a relative or mutual friend to pass messages to the other parent can be charged as third-party contact or Felony Witness Intimidation (c. 268, § 13B).

• Violating these conditions triggers an immediate arrest and up to a 90-day bail revocation in the Plymouth County Correctional Facility without bail.

4 Steps to Legally Restore Contact with Your Children in Brockton

Restoring your right to see your children requires proactive legal action:

1. File an Emergency Motion to Amend Bail Conditions: In Brockton District Court, your defense attorney files a motion asking the criminal judge to amend release conditions to allow a "carve-out" for third-party child visitation and communication.

2. Utilize Court-Monitored Parenting Apps: Propose communication strictly through designated child-monitoring software (such as OurFamilyWizard or TalkingParents) limited solely to child welfare, health, and education matters.

3. Establish Third-Party Exchanges: Arrange for neutral third parties (such as grandparents or a mutual family member) to handle pickups and drop-offs at neutral, public locations (e.g., the Brockton Police Department lobby or school grounds) to prevent any direct contact with the other parent.

4. Petition Plymouth Probate and Family Court: If the District Court judge defers to family court, your counsel files an emergency motion in Probate and Family Court under M.G.L. c. 209A, § 3 to establish structured, supervised, or unsupervised parenting time.

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