Domestic Assault Attorney

Domestic Assault AttorneyCriminal Defense Attorney Rory Munns2026-09-30T17:34:00-04:00

A domestic assault attorney defends people charged with assault or assault and battery on a family or household member under M.G.L. c. 265, § 13M, a charge that carries up to 2.5 years in jail and a $5,000 fine for a first offense and becomes a felony on a second. These cases move fast: an arrest often comes with a 209A restraining order, a hold before bail, and conditions that can keep you out of your own home. Rory Munns of Mass DUI Guy defends domestic cases in the Bristol County courts and is licensed in Massachusetts and Rhode Island. Call 401-573-2265 for a free consultation.

Quick answer: In Massachusetts, assault and battery on a spouse, former spouse, co-parent, or dating partner is charged under M.G.L. c. 265, § 13M. A first offense carries up to 2.5 years in the house of correction, a fine of up to $5,000, or both, and the court must order a certified batterer's intervention program in most cases, even with a continuance without a finding. A second offense is a felony punishable by up to five years in state prison. A conviction also brings a lifetime federal firearms ban, and a 209A order often follows the arrest.

Domestic assault cases are different from other assault charges in three ways. The police usually make an arrest on the spot when they respond to a domestic call. The complaining witness is someone you live with, love, or share children with, and he or she may not want the case to go forward at all. And the consequences reach well beyond the criminal case, into housing, custody, firearms, immigration, and employment. A domestic assault attorney has to manage all of those at once.

What counts as a family or household member under § 13M

The domestic assault statute covers people who are or were married, people who have a child in common, and people who are or were in a substantive dating or engagement relationship. An assault on another relative or a roommate is usually charged as ordinary assault and battery under § 13A instead, though it can still lead to a 209A abuse prevention order. The distinction matters because § 13M carries the batterer's intervention requirement and the felony enhancement for a second offense.

What happens in the first 48 hours

After a domestic arrest in Massachusetts, you generally cannot be released on bail for six hours. At arraignment, the prosecutor may ask for conditions such as no contact with the complaining witness, a stay-away order from the home, surrender of firearms, and GPS monitoring. In serious cases the Commonwealth can move for a dangerousness hearing under M.G.L. c. 276, § 58A and ask that you be held without bail. A separate 209A abuse prevention order may be issued, sometimes ex parte, with a hearing about ten days later. A lawyer who is involved from the start can argue for conditions you can actually live with.

Penalties for Domestic Assault in Massachusetts

• First offense under § 13M: up to 2.5 years in the house of correction, a fine of up to $5,000, or both.
• Batterer's intervention: the court must order a certified batterer's intervention program on a conviction or as a condition of a continuance without a finding, unless it makes written findings of good cause not to.
• Second or subsequent offense: a felony punishable by up to five years in state prison.
• Aggravated charges: strangulation or suffocation, assault with a dangerous weapon, or an assault causing serious bodily injury are charged separately and carry greater penalties.
• Violating a 209A order: a separate crime, with up to 2.5 years and a $5,000 fine.

Consequences Beyond the Sentence

• Firearms: a conviction for a domestic violence misdemeanor brings a lifetime federal ban on possessing firearms or ammunition, and a 209A order requires surrender of guns and suspends a Massachusetts license to carry.
• Home and children: stay-away orders and 209A orders can remove you from your home and limit contact with your children while the case is pending.
• Immigration: domestic violence offenses can make a non-citizen deportable or inadmissible.
• Employment and licensing: the charge appears on background checks and can affect nursing, teaching, security, and other licensed work.

7 Things to Know About a Domestic Assault Charge

1. The complaining witness does not control the case. Once the complaint issues, the Commonwealth decides whether to prosecute, not the person who called the police.
2. Contact can create new charges. A text or call that violates a no-contact condition or a 209A order is a separate crime.
3. The six-hour hold is standard. You generally cannot be bailed out for six hours after a domestic arrest.
4. 209A and the criminal case are separate. The order can stay in place even if the criminal charge is dismissed, and it has its own hearing.
5. A CWOF still means batterer's intervention. A continuance without a finding avoids a conviction but usually carries the program requirement.
6. A second offense is a felony. A prior § 13M conviction turns a new charge into a five-year felony.
7. Guns go first. Firearms and your license to carry are typically surrendered as soon as a 209A order issues.

How a Domestic Assault Case Moves Through Court

1. Arrest and the six-hour hold. Police arrest, book, and hold you before any bail can be set.
2. Arraignment. The complaint is read, you plead not guilty, and conditions of release are set. The Commonwealth may request a 58A dangerousness hearing.
3. 209A hearing. If an ex parte order issued, a hearing is held about ten days later to decide whether it continues.
4. Discovery. Your lawyer obtains the police report, 911 recordings, body camera video, photographs, and witness statements.
5. Pretrial and motions. Issues such as hearsay, the complaining witness's availability, and the reliability of statements are litigated.
6. Resolution. Dismissal, a continuance without a finding, pretrial probation, a plea, or a jury or bench trial.

Defending a Domestic Assault Charge

Many domestic cases begin with a heated argument, a 911 call, and an officer's quick judgment about who was the aggressor. The defense looks at whether there was an assault at all, whether it was self-defense, whether injuries match the story, and whether the complaining witness's statements are admissible if he or she does not testify. The confrontation clause limits how the Commonwealth can use out-of-court statements. When the evidence falls apart, dismissal is possible. When it does not, a lawyer can often negotiate a result that protects your record, your family, and your firearms rights as much as the law allows. See our pages on Fall River domestic violence and Massachusetts assault and battery charges.

Why Hire Rory Munns

Rory Munns defends domestic assault cases in the Bristol County District Courts and handles the 209A hearings that come with them. He is licensed in Massachusetts and Rhode Island, answers the phone day and night, and understands that a domestic charge affects your home and your children as much as your record. He will tell you plainly what the evidence shows and what each option means for your life after the case.

Related Reading

• Fall River Domestic Violence Lawyer
• Massachusetts Assault and Battery Lawyer
• New Bedford Assault and Battery Lawyer
• Bristol County Bail Hearing Lawyer
• Bristol County Criminal Court Process