Domestic violence cases in Massachusetts are governed by several statutes, each addressing different aspects of abusive behavior and criminal conduct. Understanding these statutes can provide clarity on what constitutes domestic violence and the legal implications of such actions. Here’s an overview of some key domestic violence-related statutes:

1. Assault/Assault and Battery on a Family or Household Member (Mass. Gen. Laws ch. 265, § 13M(a))

This statute covers assault and battery incidents involving individuals who share a specific relationship. The law applies to:

• Married Individuals: Those who are or were married to each other.
• Parents: Individuals who share a child, regardless of marital status or cohabitation.
• Intimate Partners: People who are or have been in a significant dating or engagement relationship.

2. Aggravated Assault and Battery (Mass. Gen. Laws ch. 265, § 13A(b))

Aggravated Assault and Battery involves additional factors that elevate the severity of the offense. These factors include:

• Serious Bodily Injury: The assault results in significant physical harm.
• Pregnancy: The assault was committed against a pregnant complainant, with the defendant knowing or having reason to know of the pregnancy.
• Restraining Orders: The assault occurred while there was an active temporary or permanent restraining order in place against the defendant.
• Child Victims: The assault was committed by an adult (18 or older) against a child under the age of 14.

3. Assault and Battery by Means of a Dangerous Weapon (Mass. Gen. Laws ch. 265, § 15A(b))

This statute addresses cases where assault or battery is committed using a dangerous weapon. The key elements include:

• Use of a Dangerous Weapon: The assault or battery involved a weapon that could cause significant harm.

4. Aggravated Assault and Battery (Mass. Gen. Laws ch. 265, § 15A(c))

This statute covers aggravated assault and battery involving:

• Dangerous Weapon: The assault or battery involved the use of a dangerous weapon, adding to the severity of the offense.

5. Stalking (Mass. Gen. Laws ch. 265, § 43(a))

Stalking involves a pattern of conduct that causes substantial emotional distress. To be charged with stalking, the following must be proven:

• Pattern of Conduct: At least three separate acts directed at the complainant.
• Emotional Distress: The conduct causes a reasonable person to experience significant emotional distress.
• Alarm or Annoyance: The actions cause the complainant to become seriously alarmed or annoyed.
• Willful and Malicious Acts: The defendant’s actions were deliberate and intended to cause distress.
• Threats: The defendant made threats intending to place the complainant in imminent fear of death or bodily injury.

6. Intimidation of a Witness (Mass. Gen. Laws ch. 268, § 13B)

This statute addresses the illegal actions taken to intimidate or influence witnesses or individuals involved in criminal or civil proceedings. It includes:

• Threats or Attempts: Direct or indirect threats to cause physical, emotional, or economic harm.
• Gifts or Promises: Offering something of value to influence a witness.
• Misleading or Harassment: Misleading, intimidating, or harassing individuals who are involved in legal processes.

The intent behind these actions must be to impede, obstruct, delay, or harm the legal process or proceedings. This statute covers a broad range of conduct aimed at interfering with justice.

Understanding these statutes is crucial for recognizing the legal implications of domestic violence and related offenses. If you or someone you know is facing charges of domestic violence under these laws, it’s important to seek experienced domestic violence defense counsel to navigate the complexities of domestic violence cases and ensure that your rights are protected.

Domestic Violence Defense Attorney

If you have been charged with domestic violence in Massachusetts, contact us for a free case evaluation. With law offices in Quincy and Norwell Massachusetts, domestic violence defense attorney Michael Bradley serves Suffolk County, Norfolk County, Plymouth County, Bristol County, Cape Cod, and the South Coast including Braintree, Boston, Brockton, Dedham, Fall River, New Bedford, Plymouth, Quincy, Taunton, Wareham, Weymouth and more.