A Domestic Assault & Battery charge in Dover, MA can have severe legal and personal consequences. Even if the alleged victim does not want to press charges, Massachusetts law allows the prosecution to proceed with the case. A conviction can result in jail time, fines, restraining orders, and a permanent criminal record, which can affect your job, family, and future opportunities.
At the Marin, Barrett, and Murphy Law Firm, we understand the high stakes involved in domestic violence cases. Our experienced criminal defense attorneys are committed to fighting for your rights and working toward case dismissals, reduced charges, or acquittals.
Call (857) 229-2442 today for a free consultation.
What Is Domestic Assault & Battery in Massachusetts?
Under Massachusetts General Laws Chapter 265, Section 13M, Domestic Assault & Battery occurs when someone:
- Intentionally applies force or makes unwanted physical contact with a family or household member.
- Uses force or violence, even without causing visible injuries.
Qualifying relationships include:
- Spouses or ex-spouses
- Current or former dating partners
- Parents of a child together
- Individuals who currently or previously lived together
Even minor physical contact, such as pushing, grabbing, or blocking movement, can result in an arrest.
Penalties for Domestic Assault & Battery in Dover
A Domestic Assault & Battery conviction carries serious legal consequences:
First Offense (Misdemeanor Charge)
- Up to 2.5 years in the House of Correction
- Fines up to $5,000
- Mandatory probation
- Completion of a Certified Batterer's Intervention Program
- Possible issuance of a 209A Restraining Order
Second or Subsequent Offense (Felony Charge)
- Up to 5 years in state prison
- Stronger penalties for repeat offenders
Aggravating Factors That Can Increase Penalties
- Serious bodily injury
- Use of a dangerous weapon
- Violation of a pre-existing restraining order
- Alleged victim is pregnant or a child was present
A conviction stays on your permanent record, making it critical to fight the charges immediately.
Restraining Orders & Protective Orders in Domestic Assault & Battery Cases
Many domestic violence cases result in a 209A Abuse Prevention Order (Restraining Order), which may include:
π΄ No-contact orders β Prohibiting any form of contact with the alleged victim.
π΄ Stay-away orders β Barring you from the victim's home, workplace, or school.
π΄ Temporary custody restrictions β Granting the alleged victim custody of shared children.
Violating a restraining order is a separate criminal offense with severe penalties, including additional jail time.
Statute of Limitations for Domestic Assault & Battery in Massachusetts
The statute of limitations for Domestic Assault & Battery in Massachusetts is 6 years. However, in most cases, charges are filed immediately after an arrest.
For felony-level charges, such as assault with serious bodily injury, the statute of limitations may be extended.
Defenses Against Domestic Assault & Battery Charges
At the Marin, Barrett, and Murphy Law Firm, we carefully analyze every detail of your case to build a strong defense. Common defenses include:
-
False Allegations
Domestic violence allegations are sometimes made out of anger, jealousy, or custody disputes.
We investigate inconsistencies in the accuser's statement and motive for false accusations. -
Lack of Evidence
The prosecution must prove its case beyond a reasonable doubt.
Without witness testimony, medical records, or physical evidence, we challenge the validity of the charges. -
Self-Defense or Defense of Others
If you acted in self-defense or to protect someone else, we present evidence to justify your actions. -
No Intent to Harm
Accidental physical contact does not meet the legal definition of assault & battery. -
Violation of Your Rights
If police violated your constitutional rights during the investigation or arrest, we may file a motion to suppress evidence.
Where Will Your Domestic Assault & Battery Case Be Heard?
If you have been charged with Domestic Assault & Battery in Dover, your case will be handled at:
Dedham District Court
π 631 High St., Dedham, MA 02026
π (781) 329-4777
Your arrest may have been processed by:
Dover Police Department
π 3 Walpole St., Dover, MA 02030
π (508) 785-1130
Why Choose the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we have extensive experience in domestic violence defense and provide:
- Experienced Criminal Defense Representation
- Aggressive Defense Strategies to fight your charges
- Proven Track Record of case dismissals & reduced penalties
- 24/7 Legal Support β Call anytime for help
- Respected Defense Attorneys in Massachusetts Courtrooms
Contact a Dover Domestic Assault & Battery Lawyer Today
If you are facing Domestic Assault & Battery charges in Dover, time is critical. A strong defense can mean the difference between a conviction and a case dismissal.
Marin, Barrett, and Murphy Law Firm
π 572 Washington Street, Suite 21, Wellesley, MA 02482
π (857) 229-2442
π¨ Charged with Domestic Assault & Battery? Protect your rights. Call now for a free consultation.