Domestic Violence Attorney in Boston

Over Three Decades of Boston Criminal Defense, at Both the Trial & Appellate Levels

A domestic violence charge in Massachusetts sets a restrictive process in motion from the first night in custody. Police are required by law to arrest when probable cause exists. Prosecutors don’t have to drop charges even if the alleged victim requests it. A judge can issue a 209A abuse prevention order at arraignment that forces you out of your home before you’ve had a chance to tell your side. Employment, child custody, professional licensing, firearms rights, and immigration status can all be affected before a case ever reaches trial. Retaining a domestic violence attorney in Boston on day one matters precisely because the consequences don’t wait.

Gens & Stanton, P.C. has defended clients in Boston and throughout Massachusetts since 1991, bringing over three decades of continuous local criminal defense practice to domestic violence cases. We appear at both the trial and appellate levels, so representation doesn’t end if a trial result is unfavorable. We are a boutique practice: you communicate directly with the attorney handling your case, not with assistants or junior staff unfamiliar with your story. Our firm also handles a broad range of criminal defense matters beyond domestic violence.

One of our principal attorneys served as an instructor at Harvard Law School and graduated with honors from Tulane University. We are licensed in Massachusetts, New Hampshire, and New York, and we have guided clients through matters at Gens & Stanton, P.C. since the firm opened. Our case results reflect decades of work in the local courts, with the procedural familiarity that comes from showing up in those courtrooms year after year.

Domestic Violence Charges in Massachusetts

Massachusetts law defines domestic violence broadly, covering conduct that ranges from physical harm to emotional coercion. Each charge carries significant implications, especially when weapons or prior offenses are involved. Understanding what falls under the statute is the first step toward building a meaningful defense.

What Constitutes Domestic Violence in Massachusetts?

Under M.G.L. c. 209A, domestic violence involves conduct against a family or household member. Covered conduct includes actual physical harm, attempted physical harm, placing someone in fear of imminent serious physical harm, and forcing involuntary sexual relations. Even without physical contact, charges can still arise.

Domestic violence may be charged when violence is committed against:

• A current or former spouse
• Someone with whom they are or were living
• Relatives by blood or marriage
• Someone with whom they share a child
• An individual with whom they have had a “substantive dating or engagement relationship”

Common charges include assault and battery on a family or household member under M.G.L. c. 265 § 13M, strangulation or suffocation under M.G.L. c. 265 § 15D (a felony), violation of a 209A abuse prevention order, and intimidation of a witness under M.G.L. c. 268 § 13B. A first offense under § 13M is a misdemeanor carrying up to two and one-half years in a house of correction; a second or subsequent offense is a felony punishable by up to five years in state prison. Beyond physical violence, Massachusetts recognizes domestic abuse as including patterns of behavior intended to control or harm an intimate partner or family member emotionally or psychologically.

What a Conviction Can Cost You

A domestic violence conviction carries consequences that extend well beyond any sentence. Understanding the full scope of those consequences is essential before agreeing to any proposed resolution.

Firearms Rights

Under federal law, the Lautenberg Amendment (18 U.S.C. § 922(g)(9)) permanently prohibits anyone convicted of a qualifying domestic violence offense from possessing a firearm. This applies to a full conviction and can also apply to a Continuance Without a Finding (CWOF). Separately, a 209A abuse prevention order issued at arraignment requires immediate surrender of all firearms and any License to Carry under M.G.L. c. 209A § 3B.

Immigration Consequences

For non-citizens, the stakes are especially high. Federal immigration law can treat a domestic violence CWOF as a conviction for deportability purposes, meaning a disposition that appears favorable on its face can still trigger removal proceedings. Every proposed resolution must be assessed for immigration consequences before acceptance. We work with clients who speak English as a second language and make sure language barriers don’t interfere with understanding what’s at stake.

Employment, Custody, & Licensing

A domestic violence conviction can affect eligibility for municipal employment in Boston, positions involving weapons, and work with children. A charge or 209A order on record can significantly impact child custody proceedings in Probate and Family Court. Licensed professionals, including physicians, attorneys, nurses, financial advisors, and teachers, face mandatory self-reporting obligations to licensing boards, often before a case is resolved. We guide clients toward rehabilitation and counseling when appropriate, as proactive steps can positively influence how a case resolves.

Domestic Violence Defense Strategies

Effective defense against domestic violence charges in Boston requires a strategy built around the specific facts of your case, not a generic checklist. We conduct thorough investigations to scrutinize evidence and witness statements, identifying biases and inconsistencies that can affect the direction of the case. Digital communications, including texts, emails, and social media posts, often tell a different story than the police report and can provide critical exculpatory evidence.

Self-Defense & Misidentification

Self-defense is a complete defense to assault and battery charges under M.G.L. c. 265 § 13M. Once properly raised, the Commonwealth bears the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense. Police responding to a domestic call sometimes arrest the wrong person. Defensive injuries, prior conduct by the complainant, and 911 audio can contradict the official account and point to who was actually defending themselves.

Motive to Fabricate

Where motive to fabricate exists, whether arising from pending divorce proceedings, child custody disputes, or immigration benefit incentives, we explore that avenue through cross-examination and independent investigation. Inconsistencies in the accuser’s narrative, documentary evidence, and witness accounts can all become central to the defense.

Challenging Evidence Admissibility

Challenging the constitutionality of a search or the admissibility of hearsay evidence, including excited utterances from 911 calls under the Confrontation Clause, can result in dismissal when the excluded evidence is the core of the prosecution’s case. When the facts support it, we negotiate with prosecutors to seek charge reductions or dismissals. A CWOF may be appropriate in certain circumstances, but its collateral consequences under the Lautenberg Amendment, immigration law, and licensing rules must be fully assessed before any agreement is made. We prepare extensively for every court appearance, reviewing all evidence to build the strongest possible defense.

How Boston Domestic Violence Cases Move Through Court

Boston domestic violence charges are prosecuted primarily in Boston Municipal Court (BMC), which has eight divisions: Central, Brighton, Charlestown, Dorchester, East Boston, Roxbury, South Boston, and West Roxbury. Serious felony-level cases can be elevated to Suffolk Superior Court, but BMC is the primary venue for the large majority of these matters. Knowing BMC’s procedures, its prosecutors, and its judges is essential to building an effective defense from day one.

Arrest, the Six-Hour Hold, & Arraignment

Under M.G.L. c. 209A § 6, Massachusetts police are required to arrest when there is probable cause to believe a domestic violence offense has occurred, even if the alleged victim requests no arrest. Under M.G.L. c. 276 § 42A, a person arrested for a domestic violence offense cannot be released on bail for at least six hours after arrest, the mandatory cooling-off period. At arraignment, a judge typically issues a 209A abuse prevention order as a condition of release, which can require the defendant to vacate a shared residence, have no contact with the complainant, and surrender firearms within 24 hours. The prosecution may also move at arraignment for a dangerousness hearing under M.G.L. c. 276 § 58A, at which a judge can order the defendant held without bail for up to 120 days.

The No-Drop Policy & Pre-Trial Proceedings

The Suffolk County District Attorney’s Office maintains a no-drop prosecution policy: charges aren’t dismissed simply because the alleged victim requests it. The case proceeds on police observations, 911 recordings, body camera footage, and other evidence gathered independent of victim cooperation. Cases typically move from arraignment through pre-trial conferences and motions before a potential trial, and many resolve at or before the trial date. We have appeared in Boston-area courts for over three decades, and our attorneys explain each phase in plain English so you’re never left uncertain about what comes next.

Frequently Asked Questions

What Should I Do If I’m Falsely Accused of Domestic Violence?

False accusations demand immediate action. Document the events leading up to the accusation in as much detail as possible, preserve any communications, and identify witnesses who can corroborate your account. Don’t contact the accuser directly; doing so can complicate your situation and give prosecutors additional material to work with.

We work to challenge accusations by highlighting inconsistencies in the accuser’s narrative and presenting exculpatory evidence. Alibis, documented timelines, and potential motives for a false accusation are all central to an effective defense strategy.

How Long Does a Domestic Violence Case Take in Boston?

Timelines vary depending on case complexity, court caseload, and whether the matter proceeds to trial. Some cases resolve within months; others extend beyond a year when contested hearings are involved. We keep all filings on schedule and keep you informed at every stage so you know where things stand and what to expect.

Can a Conviction Affect My Immigration Status?

Yes, and so can a CWOF. Under federal law, a CWOF can be treated as a conviction for deportability purposes, meaning a non-citizen may face removal even without a full guilty finding. Non-citizens should discuss every proposed disposition with a domestic violence attorney in Boston before accepting any resolution. Our defense strategies account for immigration consequences, and we work to pursue charge reductions or alternative resolutions that may better protect your status when the facts support it.