Wellesley Domestic Assault and Battery Lawyer

A Domestic Assault & Battery charge in Wellesley, MA, is a serious legal matter that can have devastating consequences on your life. Massachusetts law takes domestic violence allegations very seriously, and even if the alleged victim does not wish to press charges, the prosecution can move forward with the case.

A conviction could result in jail time, fines, probation, mandatory intervention programs, and a permanent criminal record, affecting your employment, housing, and reputation. At the Marin, Barrett, and Murphy Law Firm, we aggressively fight to protect your rights and build the strongest defense possible.

What Is Domestic Assault & Battery in Massachusetts?

In Massachusetts, Domestic Assault & Battery is defined under Massachusetts General Laws Chapter 265, Section 13M. It involves:

• Intentionally using force or making unwanted physical contact with a family or household member.
• Threatening or causing fear of imminent harm to a family or household member.

Who is considered a family or household member?

• Current or former spouses.
• Individuals who have a child together.
• Current or former dating partners.
• Individuals who currently or previously lived together.

Even minor physical contact—such as grabbing, pushing, or blocking someone's movement—can lead to an arrest and serious legal charges.

Penalties for Domestic Assault & Battery in Wellesley

A Domestic Assault & Battery conviction carries harsh penalties, even for first-time offenders.

First Offense (Misdemeanor Charge)

• Up to 2.5 years in the House of Correction.
• Fines up to $5,000.
• Probation, including mandatory 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.
• Significantly harsher penalties for repeat offenses.

Aggravating Factors That Can Increase Penalties

• Use of a weapon.
• 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 affect your ability to find employment, secure housing, or maintain child custody.

Restraining Orders & Protective Orders in Domestic Assault & Battery Cases

A 209A Abuse Prevention Order (Restraining Order) is commonly issued in domestic violence cases. It may include:

🔴 No-contact orders – Prohibiting any form of direct or indirect communication.

🔴 Stay-away orders – Preventing you from coming near the victim's home, workplace, or school.

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

Violating a restraining order is a separate criminal offense, carrying additional penalties, including 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, 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 aggressive defense strategies to fight these charges. Possible defenses include:

1. False Allegations
   Domestic violence accusations may be made out of jealousy, revenge, or child custody disputes.
   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 Wellesley, your case will be heard at:

Dedham District Court
📍 631 High St., Dedham, MA 02026
📞 (781) 329-4777

Your arrest may have been handled by:

Wellesley Police Department
📍 485 Washington St., Wellesley, MA 02482
📞 (781) 235-1212

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.