Domestic Violence Defense
in Massachusetts
Domestic violence charges carry severe consequences — jail time, restraining orders, loss of child custody, and a permanent record. Attorney Adela Aprodu fights aggressively to protect your rights and your future.
What Is Domestic Violence in Massachusetts?
Under Massachusetts General Laws Chapter 209A, domestic violence encompasses physical abuse, threats of serious physical harm, and forced sexual relations between individuals in a qualifying relationship — spouses, former spouses, co-parents, dating partners, or household members. The law also covers emotional coercion and economic abuse in certain contexts.
Massachusetts takes these charges extremely seriously. Police are required to make an arrest whenever they have probable cause. Prosecutors often pursue cases even when the alleged victim declines to cooperate. A conviction touches every area of your life — employment, housing, child custody, firearm rights, and immigration status.
- Mandatory arrest policy — police must arrest on probable cause alone
- No-drop prosecution — the State can proceed without victim cooperation
- Firearms surrender — any active 209A order requires surrender of all weapons
- Bail conditions — courts routinely impose no-contact orders at arraignment
Common Domestic Violence Charges in Massachusetts
- Assault and Battery (MGL c. 265 §13A) — most charged DV offense; misdemeanor or felony depending on severity
- Strangulation or Suffocation (MGL c. 265 §15D) — felony, up to 5 years; up to 10 years if serious injury
- Violation of 209A Restraining Order (MGL c. 209A §7) — criminal contempt, up to 2.5 years per violation
- Witness Intimidation (MGL c. 268 §13B) — felony, up to 10 years in state prison
- Threatening to Commit a Crime (MGL c. 275 §2) — misdemeanor, up to 6 months
Defense Strategies Attorney Aprodu Uses
- Self-defense / defense of others — establishing reasonable use of force
- False or exaggerated allegations — uncovering motive, prior inconsistent statements
- Lack of intent — accidental contact does not satisfy the intent element
- Insufficient evidence — challenging credibility and corroboration of claims
- Constitutional violations — suppressing evidence from unlawful searches or improper interrogations
- Mutual combat — showing the alleged victim was the primary aggressor
Key Takeaways
- Massachusetts has a mandatory arrest policy — charges often proceed regardless of victim wishes
- A conviction permanently impacts firearms rights under federal law
- Early legal intervention significantly improves case outcomes
- Many cases involve false, exaggerated, or context-lacking allegations
- Attorney Aprodu personally handles each case from arraignment through resolution
Frequently Asked Questions
Massachusetts law defines domestic violence as physical abuse, threats of serious harm, or forced sexual relations between family or household members — spouses, former partners, co-parents, dating partners, or cohabitants. Common charges include assault and battery, 209A order violations, strangulation, and witness intimidation.
Yes. The prosecution (not the alleged victim) controls whether to proceed. Charges can be dismissed due to insufficient evidence, an uncooperative complainant, inconsistent testimony, or successful pre-trial motions. An experienced attorney can identify weaknesses and negotiate with prosecutors for dismissal or reduced charges.
Simple assault and battery carries up to 2.5 years in the House of Correction and fines up to $1,000. Aggravated A&B (serious injury, weapon, or pregnant victim) is a felony with up to 5 years in state prison. Additional penalties include probation conditions, mandatory batterers' intervention programs, and loss of firearm rights.
Do not contact the protected person under any circumstances — even if they attempt to contact you. Appear at every scheduled court hearing. Hire an attorney immediately; at the 10-day hearing you have the right to contest the order. An attorney can cross-examine witnesses and present evidence challenging the order's basis.
Yes. An active 209A order requires immediate surrender of all firearms under both Massachusetts and federal law. A conviction for domestic assault and battery triggers a lifetime federal ban on firearm possession (Lautenberg Amendment). Your LTC or FID card will be suspended or revoked.
Attorney Aprodu conducts a thorough investigation of the police report, interviews witnesses, reviews body camera footage and communications, files motions to suppress improperly obtained evidence, and negotiates aggressively with prosecutors. She identifies false or exaggerated allegations, self-defense scenarios, and constitutional violations that can lead to dismissal or reduced charges.
Contact Us Today For a Free Consultation
Don't face domestic violence charges alone. Attorney Adela Aprodu is ready to fight for you.