Domestic Assault and Battery

Respected Suffolk County Criminal Defense Attorney Defending the Rights of Good People Charged with Serious Crimes

A domestic assault and battery charge can flip your life upside down in a matter of hours. One argument, one misunderstanding, or one false accusation is often enough to trigger an arrest and a mandatory court appearance. From that point forward, you’re facing more than just a criminal charge—you’re dealing with no-contact orders, potential loss of custody rights, and damage to your job and reputation. The Law Office of Patrick J. Murphy understands how high the stakes are. With over 27 years of experience, Attorney Murphy is a Boston domestic assault and battery lawyer who knows how to handle these cases with both strategic focus and discretion.

How Massachusetts Defines Domestic Assault and Battery

Massachusetts law doesn’t use the phrase “domestic assault and battery” in the statute itself, but the courts treat any assault and battery that occurs between family or household members as a domestic offense. This includes:

• Spouses and former spouses
• People who live together or used to live together
• Individuals in dating relationships
• Parents of a shared child

Under Massachusetts General Laws Chapter 265, Section 13A, assault and battery is the intentional and unjustified touching of another person, or an attempt to cause physical harm. When the alleged victim is someone you have a close connection with, the consequences and court procedures change significantly.

What Happens After a Domestic Arrest

Police in Massachusetts are required to make an arrest if they have probable cause to believe domestic assault and battery occurred—even if the alleged victim doesn’t want to press charges. After arrest, you’ll be brought to court for arraignment, often the next morning. In many cases, the judge will issue a no-contact order as a condition of release, meaning you may be forced to leave your home and cut off communication with your spouse, partner, or children.

This can happen before the case has been fully investigated or before any evidence has been presented.

Penalties for Domestic Assault and Battery

The potential consequences of a conviction include:

• Up to 2.5 years in the house of correction
• Fines and probation
• Mandatory participation in a certified batterer’s intervention program
• Loss of firearm rights under federal law
• A permanent criminal record
• Immigration consequences for non-citizens

If there are prior convictions or allegations involving the same person, prosecutors may seek enhanced penalties or additional charges.

Why These Cases Are Different

Domestic assault and battery cases often come down to one person’s word against another’s. There may be no physical injuries, no witnesses, and no clear evidence. Yet prosecutors frequently pursue charges even when the alleged victim wants to recant or drop the case. That’s because domestic cases follow unique rules:

• Hearsay exceptions allow certain out-of-court statements to be used at trial
• 911 recordings, text messages, and police observations can be introduced even without the victim’s testimony
• “Spousal privilege” may not apply if there are children involved or if the court believes coercion is a factor

Attorney Murphy has handled hundreds of domestic cases in Boston courts and knows how to challenge weak evidence, expose inconsistencies in the prosecution’s case, and argue for the full dismissal of charges when appropriate.

Building Your Defense

No two domestic assault cases are the same. The strategy will depend on the evidence, the relationship history, and what happened in the moments before and after the alleged incident. Some of the domestic violence defenses we use to defend our clients’ include the following:

False accusation. Sometimes, charges arise from spite, jealousy, custody disputes, or attempts to gain leverage in divorce proceedings. If there’s reason to believe the accusation was motivated by something other than the truth, your attorney can bring that to light.

Lack of intent or accidental contact. Assault and battery requires intentional conduct. If any contact was accidental or taken out of context, it may not meet the legal standard.

Self-defense. If you were acting to protect yourself from harm, that can be a complete defense to the charge. The law allows reasonable force in response to an imminent threat.

Uncooperative complaining witness. If the alleged victim refuses to testify or contradicts their initial statement, the prosecution’s case may fall apart—especially if they’re relying solely on that person’s version of events.

Attorney Murphy has more than 27 years of hands-on experience aggressively defending clients charged with domestic assault & battery and other similar offenses. He understands the challenges that come along with these cases and is prepared to fight to protect your future.

Don’t Let a Domestic Violence Charge End Up on Your Record

Domestic assault and battery charges can impact your housing, your career, your family, your standing in the community—your whole life. But just because you’ve been charged doesn’t mean that you’ll be convicted. The sooner you take action, the more options you’ll have to protect yourself and your future. If you’ve been charged in Boston or the surrounding area, call the Law Office of Patrick J. Murphy at (617) 367-0450 for a confidential consultation. You don’t have to go through this alone—and you don’t have to let one moment define your life.