Wayland Domestic Assault and Battery Lawyer

A Domestic Assault & Battery charge in Wayland, MA, is a serious offense that can impact your freedom, employment, and personal relationships. Massachusetts has some of the strictest domestic violence laws, meaning you could face criminal charges even if the alleged victim does not want to press charges.

At the Marin, Barrett, and Murphy Law Firm, we aggressively fight for those accused of domestic assault & battery to ensure their rights are protected and their future is not destroyed by a wrongful conviction.

What Is Domestic Assault & Battery in Massachusetts?

Under Massachusetts General Laws Chapter 265, Section 13M, Domestic Assault & Battery occurs when a person:

• Intentionally makes physical contact with another person without their consent.
• Uses force or violence against a family or household member.
• Threatens or causes fear of immediate harm to a family or household member.

Who is considered a family or household member?

• Spouses or ex-spouses.
• Dating partners (current or former).
• Parents who share a child.
• Individuals who live or have lived together.

Even minor physical contact—such as grabbing an arm or pushing someone—can result in an arrest.

Penalties for Domestic Assault & Battery in Wayland

A Domestic Assault & Battery conviction carries harsh legal and personal consequences.

First Offense (Misdemeanor Charge)

• Up to 2.5 years in the House of Correction.
• Fines up to $5,000.
• Mandatory probation, including participation in a Certified Batterer's Intervention Program.
• Possible 209A Restraining Order (No-contact order).

Second or Subsequent Offense (Felony Charge)

• Up to 5 years in state prison.
• Harsher penalties for repeat offenders.

Aggravating Factors That Increase Penalties

• Use of a weapon.
• Causing serious bodily injury to the alleged victim.
• Violation of an active restraining order.
• Alleged victim is pregnant or a child was present.

A conviction can also impact child custody, employment opportunities, and your ability to find housing.

Restraining Orders in Domestic Assault & Battery Cases

In many cases, a judge will issue a 209A Abuse Prevention Order (Restraining Order) against the accused. This may include:

🔴 No-contact orders – Prohibiting direct or indirect communication with the alleged victim.

🔴 Stay-away orders – Restricting proximity to the victim's home, work, or school.

🔴 Temporary custody orders – Granting the alleged victim custody of shared children.

Violating a restraining order is a separate criminal offense that can lead to additional jail time and penalties.

Statute of Limitations for Domestic Assault & Battery in Massachusetts

The statute of limitations for Domestic Assault & Battery in Massachusetts is 6 years. However, cases are typically prosecuted immediately following an arrest.

For felony-level domestic violence 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 develop strong defense strategies to fight these charges. Possible defenses include:

1. False Allegations
   Domestic violence accusations may be made out of jealousy, revenge, or during a divorce or child custody battle.
   We examine inconsistencies in the accuser's statement and expose false claims.
2. Lack of Evidence
   The prosecution must prove the case beyond a reasonable doubt.
   Without witnesses, physical evidence, or medical records, the charges may be dismissed.
3. Self-Defense or Defense of Others
   If you acted in self-defense or to protect someone else, we present evidence to support your case.
4. No Intent to Harm
   If the contact was accidental or unintentional, it does not meet the legal definition of Assault & Battery.
5. Violation of Your Rights
   If police violated your rights or did not follow proper procedures, we may seek a dismissal of charges.

Where Will Your Domestic Assault & Battery Case Be Heard?

If you were charged with Domestic Assault & Battery in Wayland, your case will be heard at:

Framingham District Court
📍 600 Concord St., Framingham, MA 01701
📞 (508) 875-7461

Your arrest may have been handled by:

Wayland Police Department
📍 38 Cochituate Rd., Wayland, MA 01778
📞 (508) 358-4721

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

At the Marin, Barrett, and Murphy Law Firm, we understand that false allegations, misunderstandings, and emotionally charged situations can lead to wrongful arrests. We fight aggressively to protect your freedom and future.

• Experienced Criminal Defense Attorneys – Successfully handling domestic violence cases across Massachusetts.
• Proven Track Record of Dismissals & Acquittals.
• Aggressive Defense Strategies – Challenging witness statements, police reports, and prosecution evidence.
• 24/7 Legal Support – We are available whenever you need us.
• Respected and Trusted Defense Lawyers – We know the courts, judges, and prosecutors in Massachusetts.