Westwood Domestic Assault and Battery Lawyer

A Domestic Assault & Battery charge in Westwood, MA is a serious offense with severe legal and personal consequences. Even if the alleged victim does not wish to press charges, Massachusetts law allows the prosecution to continue the case. A conviction can result in jail time, heavy fines, mandatory intervention programs, and a permanent criminal record, which can negatively impact your career, relationships, and future opportunities.

At the Marin, Barrett, and Murphy Law Firm, we are dedicated to defending your rights and fighting to get your charges reduced or dismissed. We understand the complexity of these cases and will work tirelessly to provide the best possible defense.

What Is Domestic Assault & Battery in Massachusetts?

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

• Intentionally applies force or makes unwanted physical contact with a family or household member.
• Threatens or causes fear of imminent harm to a family or household member.

Who qualifies as a family or household member?

• 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 grabbing, pushing, or blocking movement, can lead to an arrest and criminal charges.

Penalties for Domestic Assault & Battery in Westwood

A Domestic Assault & Battery conviction carries serious penalties:

First Offense (Misdemeanor Charge)

• Up to 2.5 years in the House of Correction
• Fines up to $5,000
• Probation with mandatory completion of 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
• Stronger penalties for repeat offenders

Aggravating Factors That Can Increase Penalties

• Use of a dangerous weapon
• Serious bodily injury to the victim
• Violation of a pre-existing restraining order
• Alleged victim is pregnant or a child was present

A conviction remains on your permanent record, affecting employment, housing, and future background checks.

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:

🔴 No-contact orders – Prohibiting any form of communication with the alleged victim.

🔴 Stay-away orders – Forbidding you from being near the victim's home, work, or school.

🔴 Temporary custody restrictions – Granting sole custody of shared children to the alleged victim.

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

Statute of Limitations for Domestic Assault & Battery in Massachusetts

In Massachusetts, the statute of limitations for Domestic Assault & Battery is 6 years. However, cases are typically prosecuted 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 thoroughly investigate every case and develop a strong defense based on the facts. Possible defenses include:

1. False Allegations
   Domestic violence charges are sometimes filed due to jealousy, revenge, or family disputes.
   We investigate inconsistencies in the accuser's statement and their motive for false accusations.
2. Lack of Evidence
   The prosecution must prove the case beyond a reasonable doubt.
   Without witness testimony, medical records, or physical evidence, we challenge the validity of the charges.
3. Self-Defense or Defense of Others
   If you were acting in self-defense or protecting someone else from harm, we present evidence to justify your actions.
4. No Intent to Harm
   If the incident was an accident or unintended, it does not meet the legal definition of assault & battery.
5. Violation of Your Rights
   If law enforcement failed to follow proper procedures or violated your constitutional rights, we may seek a dismissal of charges.

Where Will Your Domestic Assault & Battery Case Be Heard?

If you have been charged with Domestic Assault & Battery in Westwood, 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:

Westwood Police Department
📍 588 High St., Westwood, MA 02090
📞 (781) 320-1000

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

At the Marin, Barrett, and Murphy Law Firm, we provide aggressive and experienced criminal defense for domestic violence charges in Massachusetts.

• Experienced Criminal Defense Attorneys
• Proven Track Record of Case Dismissals & Acquittals
• Aggressive Defense Strategies to challenge evidence and witness testimony
• 24/7 Legal Support – Available whenever you need us
• Respected and Trusted Defense Lawyers in Massachusetts Courtrooms