Domestic Violence Charges Dismissed in Massachusetts
Massachusetts prosecutors file domestic violence charges even when the alleged victim does not want to proceed. That makes the case theirs to prove — and yours to challenge. Attorney Adela Aprodu has secured dismissals in cases where the evidence rested entirely on a reluctant complainant, a 911 call, and a system that moved faster than anyone expected.
How Domestic Violence Charges Work in Massachusetts
Domestic violence in Massachusetts is governed primarily by M.G.L. c. 265 § 13A (assault and battery) and related statutes, with the distinguishing feature being the domestic relationship between the parties — spouses, former spouses, cohabiting adults, parents of a shared child, or family members. The charge carries up to 2.5 years in a house of correction for a first offense and up to 5 years in state prison for subsequent offenses.
Prosecutors in Massachusetts follow no-drop policies for domestic violence cases, meaning the District Attorney's office makes the charging decision independently of whether the alleged victim wants to proceed. Once an arrest is made, the case moves forward unless the defense creates sufficient legal or evidentiary pressure to warrant dismissal.
- Assault and Battery (c. 265 § 13A) — the baseline charge; no physical injury required, only an intentional and unconsented touching
- Aggravated A&B (§ 13A(b)) — where serious bodily injury results, or the victim is pregnant; carries higher penalties
- Strangulation/Suffocation (c. 265 § 15D) — a separate felony charge carrying up to 5 years state prison
- Witness Intimidation (c. 268 § 13B) — often added when any communication with the complainant occurs after arrest, even indirect
- 209A Order (c. 209A) — a civil abuse prevention order issued ex parte at arrest; carries criminal penalties for any violation
How Domestic Violence Cases Are Built — And Where They Break
- The 911 recording — courts admit 911 calls as excited utterances under the hearsay exception. Defense counsel challenges whether the caller was in fact in a state of spontaneous excitement, or was calmly describing past events (which are not excited utterances and are excludable under Commonwealth v. King)
- Police observations at the scene — officers' testimony about red marks, torn clothing, or emotional state is significant evidence. Where observations are inconsistent with the alleged incident, or officers failed to photograph alleged injuries, the factual basis weakens
- Complainant non-cooperation — a complainant who declines to testify forces the Commonwealth to rely entirely on prior statements and circumstantial evidence. If those prior statements are inadmissible hearsay and no independent evidence exists, a motion for required finding of not guilty at the close of the Commonwealth's case can succeed
- Prior bad acts evidence — the Commonwealth may attempt to introduce evidence of prior incidents under Commonwealth v. Crayton. Defense counsel must object to improper propensity evidence while distinguishing admissible pattern evidence
- Self-defense — Massachusetts recognizes the right to use reasonable force in self-defense. Where the evidence supports it, a self-defense instruction to the jury can neutralize the Commonwealth's case even when physical contact occurred
Key Takeaways
- Massachusetts no-drop policies mean the DA controls whether charges proceed — not the complainant
- A 209A order and a criminal charge are separate proceedings requiring separate strategy, ideally coordinated by the same attorney
- The 911 recording is often the Commonwealth's strongest evidence — and the most vulnerable to a hearsay objection if made in a non-excited state
- First-offense misdemeanors may qualify for pretrial diversion (c. 276A) or pretrial probation (§ 87) — resulting in dismissal without a conviction
- A CWOF (continuance without a finding) is not an acquittal — it can affect professional licensing, immigration status, and custody proceedings
Frequently Asked Questions
Massachusetts operates under a no-drop prosecution policy in domestic violence cases. Once an arrest is made, the decision to proceed belongs to the District Attorney — not the alleged victim. However, a complainant who does not cooperate significantly weakens the Commonwealth's case. Without live testimony, prosecutors rely on the 911 recording and initial statements as excited utterances. A skilled defense attorney can challenge those hearsay exceptions and move to dismiss when the remaining evidence is insufficient.
A 209A order under M.G.L. c. 209A is a civil abuse prevention order that can prohibit contact with the complainant, require you to leave your home, and restrict access to your children — all issued without your presence (ex parte) at an emergency hearing. A 10-day hearing must follow where you can appear and contest it. Violating a 209A order is a separate criminal offense under § 7. Your attorney should address both the criminal charge and the 209A proceeding at the same time.
Pretrial diversion under M.G.L. c. 276A is available for some first-offense domestic violence misdemeanors at the District Attorney's discretion. Not all DA offices offer diversion for domestic cases. Pretrial probation under M.G.L. c. 276 § 87 — a continuance conditioned on good behavior — is more widely available and results in dismissal without a conviction. Eligibility depends on the specific charge, your record, and the strength of the evidence against you.
A recantation makes the Commonwealth's case significantly harder but does not automatically result in dismissal. Prosecutors may still proceed using the 911 recording, initial statements to police (as excited utterances under Commonwealth v. King), photographs of injuries, and medical records. If the recanting complainant testifies at trial, the Commonwealth may impeach them with prior statements. Defense counsel must challenge the admissibility of those prior statements and the hearsay exceptions the Commonwealth relies on to admit them.
Yes, both the charge and the 209A order can affect custody proceedings. A 209A order may itself restrict access to your children during the case. A conviction — or even a CWOF — can be raised as evidence in family court. For clients with pending custody disputes, achieving a full dismissal rather than a plea or CWOF is often the most important outcome. Coordinating the criminal defense with the family court proceedings is essential.
Yes. Simple assault and battery under M.G.L. c. 265 § 13A does not require physical injury — an intentional, unconsented, offensive touching is sufficient. However, without photographs or medical records, and with a non-cooperative complainant, the case often reduces to a credibility contest between conflicting accounts. That is the terrain where an experienced defense attorney can be most effective — particularly before a jury.
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A domestic violence charge moves fast — arraignment, a 209A hearing, and bail conditions can all be set within 24 hours of arrest. The sooner Attorney Adela Aprodu is involved, the more options remain open. Initial consultations are free and completely confidential.
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