Can I See My Kids After Being Arrested for Domestic Violence in Quincy?
YES, you can—but NOT until your release conditions or restraining orders are formally modified by a judge in court.
Following an arrest in Norfolk County—whether in Quincy, Braintree, Cohasset, Holbrook, Milton, Randolph, or Weymouth—for an offense such as Domestic Assault and Battery (M.G.L. c. 265, § 13M), Strangulation, or Malicious Destruction of Property, the immediate default is almost always a complete bar on communication and proximity.
Because Massachusetts bail orders and 209A Abuse Prevention Orders routinely command you to stay away from the alleged victim's home and have zero direct or indirect contact, seeing your children is legally barred if they live in the home or 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 judicial authorization will result in your immediate arrest for violating bail conditions or a 209A restraining order.
Where Are Custody & Visitation Matters Handled in Norfolk County?
Restoring your parental access requires coordinating between two separate courts in Norfolk County:
-
Criminal Case & Initial Bail Conditions: Quincy District Court, 1 Dennis F. Ryan Parkway, Quincy, MA 02169. (Controls your criminal docket, pretrial bail release conditions, stay-away mandates, and emergency District Court 209A orders).
-
Family Custody & Parenting Plans: Norfolk County Probate and Family Court, 35 Shawmut Road, Canton, MA 02021. (Holds exclusive ultimate jurisdiction over legal custody, parenting schedules, divorce, and modifying District Court restraining orders for child contact).
-
State Protective Agency: Massachusetts Department of Children and Families (DCF) — Coastal Area Office (Quincy). (Frequently opens a 51A/51B investigation if minor children were present during or exposed to the alleged altercation).
The Legal Barriers Preventing Child Contact After an Arrest
Three distinct legal mechanisms frequently prevent immediate contact with your kids:
|
Legal Mechanism |
Where It Originates |
How It Restricts Child Contact |
|
Pre-Trial Bail Conditions M.G.L. c. 276, § 58 |
Quincy District Court Arraignment |
Orders you to stay completely away from the alleged victim's residence. If your children live at that residence, you cannot approach or enter without violating bail. |
|
209A Abuse Prevention Order M.G.L. c. 209A |
District or Probate Court |
The judge can grant temporary sole legal and physical custody to the plaintiff and order you to have no contact with the children. |
|
The Custody Presumption M.G.L. c. 208, § 31A |
Probate and Family Court |
Creates a statutory presumption that awarding custody to a parent who committed a pattern or serious incident of domestic abuse is contrary to the child's best interests. |
The Danger 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 "checking on the kids" or "discussing school" unless the order contains an explicit, written judicial carve-out:
-
Sending a text message asking to speak with your child is an active violation of a no-contact order.
-
Asking a relative, babysitter, or mutual friend to relay parenting messages 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 Norfolk County Correctional Center in Dedham without bail.
4 Steps to Legally Restore Contact with Your Children in Quincy
Restoring your legal right to see your children requires proactive legal action:
-
File an Emergency Motion to Amend Bail Conditions: In Quincy 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.
-
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 schooling logistics.
-
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 Quincy Police Department lobby or school grounds) to prevent any direct contact with the other parent.
-
Petition Norfolk County Probate and Family Court: If the District Court judge defers to family court, your counsel files an emergency motion in Canton at the Norfolk 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
