Domestic Assault & Battery Charges in Bristol County MA

Being charged with domestic assault and battery in Bristol County changes your life fast. You may already be dealing with a restraining order, questions about your children, and concerns about your job, all before you’ve had a chance to get your bearings.

The charge you’re facing—assault and battery on a family or household member under Massachusetts General Laws Chapter 265, Section 13M—carries severe consequences, and Bristol County courts don’t take a soft approach to these cases.

Courtney K. Fogarty is a former Massachusetts prosecutor with over 10 years of litigation experience in those same Bristol County courts.

Because she’s literally been in the same position as the prosecutors in your case, she understands not just exactly how the Commonwealth builds cases, but also how to push back effectively.

Contact Fogarty Law at (508) 317-0339 for your free, confidential 60-minute consultation today.

What Is Assault and Battery on a Family or Household Member in Massachusetts?

This is a distinct, enhanced charge from standard assault and battery, with its own definitions, penalties, and consequences. Under Massachusetts G.L. c. 265, § 13M, the prosecution must prove three elements beyond a reasonable doubt:

• The touching – Physical contact does not need to cause visible injury or leave a mark. A push, grabbing someone’s arm, or throwing an object that makes contact can all qualify if the contact was made in an angry or offensive way.
• The intent – The touching must be intentional. Accidental contact, even during a heated argument, does not satisfy this standard, and intent is often one of the most important elements to examine when building a defense.
• The qualifying relationship – The alleged victim must be a “family or household member” as the statute defines the term. Not every relationship qualifies.

Under this same law, three categories of relationships are covered:

• Currently or formerly married to each other
• Share a child in common, regardless of whether they were ever married or lived together
• Currently or formerly in a substantive dating or engagement relationship (courts weigh the length and type of the relationship, as well as how long ago it ended)

Whether a relationship meets the bar to be considered “substantive” is determined case by case. That said, being someone’s roommate or sibling alone does not qualify under this charge.

Penalties for Domestic Assault and Battery in Massachusetts

The penalty you face depends significantly on whether this is a first or a subsequent offense.

First Offense

A first-offense domestic assault and battery charge is classified as a misdemeanor. Upon conviction, you potentially face:

• A fine of up to $5,000
• Up to 2.5 years in a house of correction
• Mandatory completion of a batterer’s intervention program (BIP)
• Being served with a restraining order, also known as a 209A order

Second or Subsequent Offense

A second conviction for this same offense is elevated to a felony, with significantly more serious consequences:

• Up to 2.5 years in a house of correction or up to 5 years in state prison
• Mandatory completion of a batterer’s intervention program (BIP)
• Being served with a restraining order, also known as a 209A order

The Mandatory Batterer’s Intervention Program (BIP)

Regardless of whether this is a first or subsequent domestic violence offense, and whether you’re convicted, placed on probation, or given a continuance without a finding, the court is almost always required by law to order completion of a Batterer’s Intervention Program, also known as Intimate Partner Abuse Education Programs.

The program requires 80 hours of attendance, carries strict attendance requirements, and is paid entirely by the defendant. The court may waive it only upon specific written findings of good cause.

Consequences That Follow You Beyond the Courtroom

The criminal penalties are only part of how a domestic assault and battery charge in Bristol County can impact you. There are quite a few other consequences that can radically change your daily life:

• Emergency removal from your home and a restraining order – In most domestic arrests, police assist the alleged victim in seeking an emergency 209A abuse prevention order, which can be issued the same night, and can require you to vacate your home immediately.
• Your firearm license – Massachusetts suspends your License to Carry while the case is pending and permanently revokes it upon conviction. The federal Lautenberg Amendment also permanently prohibits anyone convicted of a domestic violence misdemeanor from owning or possessing firearms.
• DCF involvement – Massachusetts police are mandated reporters. If children were in the home during the alleged incident, officers are required to file a 51A report with the Department of Children and Families, triggering a parental fitness investigation.
• Your CORI record – A conviction appears on your Massachusetts CORI background check and can affect employment, housing applications, professional licenses, and security clearances.

What Happens When the Alleged Victim Doesn’t Want to Testify

The question people facing these charges ask most often is, if the alleged victim doesn’t want to press charges, does the case go away?

In Massachusetts, no. The Commonwealth brings the charges, not the alleged victim. Once an arrest is made, the Bristol County District Attorney’s office decides whether to proceed, and prosecutors here regularly move forward regardless of what the alleged victim wants.

When a victim won’t cooperate, prosecutors build their case from other sources:

• 911 recordings from the time of the incident
• Medical records and photographs of injuries
• Statements made to officers at the scene
• Witness or neighbor testimony

This is yet another reason why working with an aggressive, experienced domestic assault and battery attorney in Bristol County is so critical. The only way to put these charges behind you is with a relevant, strategic defense.

Defense Strategies for Domestic Assault and Battery in Bristol County

Every case is different, and as your attorney, Courtney starts with the specific facts—the evidence, the relationship, and the circumstances of what happened.

That said, common defense strategies in these cases include:

• Self-defense – Massachusetts law recognizes your right to defend yourself, another person, or your property. The force used must be proportionate to the threat.
• False allegations – Domestic assault charges sometimes arise in the middle of custody disputes, contentious separations, or difficult breakups—situations where the criminal process is used as revenge. Courtney investigates to expose any ulterior motives.
• Lack of criminal intent – The Commonwealth must prove the contact was intentional. Physical confrontations are chaotic, and contact that is accidental or incidental during an argument does not satisfy this element.
• Challenging the evidence – 911 recordings, police reports, and the absence of physical evidence are all subject to scrutiny, and may be suppressed from your case if found to be unlawful or irrelevant.

The earlier you contact Fogarty Law, the more time Courtney has to investigate the Commonwealth’s evidence and build a defense strategy before your case reaches trial.

Working with a Bristol County Domestic Assault Defense Attorney

Bristol County prosecutors move aggressively on domestic violence cases, and these cases move fast. A 209A order can be in place within hours of an arrest, and what you say (or don’t say) in those first hours can shape the trajectory of your case.

Courtney K. Fogarty has over a decade of successful litigation experience across Bristol County, including New Bedford District Court, Attleboro District Court, Fall River District Court, and throughout Bristol County Superior Court.

If you’ve been charged with domestic assault and battery in Bristol County, the most important thing right now is getting a clear picture of where your case stands. The sooner you hire legal representation, the more options are available for protecting your freedom and your future.

Contact Fogarty Law at (508) 317-0339 today for your free 60-minute confidential consultation.

Frequently Asked Questions About Domestic Assault and Battery in Bristol County, MA

Is domestic assault and battery a felony or misdemeanor in Bristol County, MA?

A first offense is a misdemeanor under Massachusetts General Laws Chapter 265, Section 13M. Penalties include up to 2.5 years in a house of correction and a fine of up to $5,000. A second or subsequent offense is elevated to a felony, carrying up to 5 years in state prison. The escalation from misdemeanor to felony is one of the most consequential reasons to mount a strong defense the first time.

Who qualifies as a family or household member under Massachusetts law?

Under Massachusetts General Laws Chapter 265, Section 13M, three categories qualify:

• Current or former spouses
• People who share a child in common, regardless of marital or living history
• People currently or formerly in a substantive dating or engagement relationship

Cohabitants and relatives by blood or marriage are not covered under this charge, though they may qualify for a Massachusetts 209A abuse prevention order.

Can someone be charged if the alleged victim refuses to press charges?

Yes. In Massachusetts, the Commonwealth, not the alleged victim, brings criminal charges. Once an arrest is made, the Bristol County District Attorney’s office decides whether to proceed.

Prosecutors here regularly move forward even when the alleged victim wants the case dropped. They build their case from 911 recordings, police reports, medical records, and witness testimony rather than the alleged victim’s cooperation.

Will DCF get involved after a domestic violence arrest?

Yes, if children were present in the home. Massachusetts police are mandated reporters — when children are involved, officers must file a 51A report with the Massachusetts Department of Children and Families, triggering a parental fitness investigation. This process is entirely separate from the criminal case and proceeds on its own timeline, regardless of how the charges are eventually resolved.

Can domestic violence convictions affect firearm ownership?

Yes, at both the state and federal levels. In Massachusetts, your License to Carry is suspended while charges are pending and permanently revoked upon conviction. Under the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)), anyone convicted of a domestic violence misdemeanor (including a first offense) is permanently prohibited from owning or possessing firearms. There are no exceptions under federal law, including for active law enforcement.