Domestic violence cases carry a weight that is different from other criminal charges. They arise from the most intimate spaces of people’s lives — their homes, their relationships, their families — and they are surrounded by powerful emotions on all sides. They are also among the most legally complex and consequential categories of charges that a criminal defense attorney handles, in ways that are not always apparent from the outside.
If you or a family member has been charged with a domestic violence offense in Massachusetts, this article will help you understand what that means legally, what the process looks like, and why the decisions made early in these cases are particularly consequential.
What Is “Domestic Violence” Under Massachusetts Law?
The first thing to understand is that “domestic violence” is not a single charge under Massachusetts law. It is a category that applies to a range of offenses when they involve persons in a defined domestic relationship. These relationships include:
- Current or former spouses
- People who share a household
- People who share a child in common
- People who are or were in a “substantive dating relationship”
When any of a range of criminal offenses — assault, assault and battery, threats, stalking, violations of a protective order, among others — are alleged to have occurred between people in one of these relationships, they are classified as domestic. This triggers a distinct set of procedural rules and consequences that set these cases apart from other criminal matters.
The Prosecution Does Not Need the Alleged Victim’s Cooperation
This surprises many people — including many defendants who believe that if the alleged victim does not want to press charges, the case will simply go away.
Under Massachusetts law, the prosecutor’s office makes the independent determination of whether to proceed with a case. The alleged victim’s wishes, while relevant, are not dispositive. Prosecutors may proceed — and frequently do — even when the alleged victim:
- Recants their original account
- Refuses to cooperate with the investigation
- Explicitly states they do not want the defendant prosecuted
The state has its own interest in the prosecution of domestic violence cases, independent of the preferences of either party to the relationship. If you or a family member is in this situation, it is critical to understand that the path forward cannot simply involve convincing the alleged victim not to participate. The case may move forward regardless.
The Mandatory Arrest Law
Massachusetts has a mandatory arrest law that further limits discretion at the scene of an alleged domestic incident. When police respond to a domestic disturbance call and there is evidence that a crime involving domestic violence has occurred — which can be as minimal as a visible mark or a complaint from one party — officers are generally required to make an arrest.
This means that an officer does not have much discretion about whether to arrest someone at the scene of an alleged domestic incident, even if:
- The situation looks complicated
- Both parties claim it was mutual
- The alleged victim explicitly does not want anyone arrested
Once the police are called to a domestic situation, the machinery of prosecution can begin moving in ways that are difficult to stop. This is why the choices made in the immediate aftermath of a domestic incident — whether to call police, what to say to officers, whether to make statements — have such significant consequences.
Milligan & Higgins is a premier OUI and criminal defense firm in Massachusetts, with over forty years of collective experience. If you or a loved one is facing criminal charges, we are here to help.
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Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
