Domestic Violence FAQ

Respected Suffolk County Criminal Defense Attorney Dedicated to Aggressively Representing the Interests of Clients Charged with Family Violence Crimes

Domestic violence cases are among the most emotionally charged and aggressively prosecuted in Massachusetts. If you’ve been accused of harming a family member, partner, or household member, you’re probably facing more than just criminal charges—your reputation, your freedom, and your relationships are on the line. At the Law Office of Patrick J. Murphy, we understand how fast these situations can escalate—often based on one person’s biased version of events. As a Boston domestic violence lawyer with over 30 years of experience, Attorney Murphy is here to answer your questions and protect your rights at every step.

Below are answers to some of the most common questions we receive from people facing domestic violence allegations in Boston.

What qualifies as domestic violence under Massachusetts law?

Massachusetts doesn’t use the exact phrase “domestic violence” in the statutes, but it does prosecute a range of offenses—such as assault, assault and battery, and threatening—more seriously when they occur between family or household members. That includes spouses, former spouses, dating partners, co-parents, roommates, and certain relatives.

Do I have to be married to be charged with domestic violence?

No. You can be charged with domestic violence even if you are not married. The law applies to current and former romantic partners, people who live together or have lived together, relatives by blood or marriage, and parents of the same child.

Can I be arrested for domestic violence even if the alleged victim doesn’t want to press charges?

Yes. In Massachusetts, once police are called to a domestic incident and believe probable cause exists, they can make an arrest regardless of whether the alleged victim cooperates. The decision to file charges rests with the prosecutor, not the alleged victim.

What happens after a domestic violence arrest in Boston?

Most domestic violence arrests lead to an automatic arraignment in court. At arraignment, bail may be set, and a judge may issue a no-contact order, even before any evidence has been presented. You may be ordered to stay away from your home or children as a condition of release.

What is a 209A order?

A 209A order, also known as a restraining order or abuse prevention order, is a civil order that prohibits contact between the accused and the alleged victim. If granted, it can force you to leave your home, surrender firearms, and avoid any direct or indirect communication. Violating the order will result in a separate criminal offense.

Can a domestic violence charge be dismissed if the victim recants?

Not automatically. Prosecutors often proceed with domestic violence cases even if the alleged victim changes their story or asks for the charges to be dropped. They may rely on police reports, 911 calls, photos, medical records, and other evidence to continue prosecution. Ultimately, the decision to proceed with the case rests with the prosecutor, not the alleged victim. 

Will I go to jail if I’m convicted?

It depends on the charge and your criminal history. A first-time misdemeanor offense might result in probation, counseling, or a suspended sentence. More serious charges or repeat offenses can lead to jail or even state prison time.

Will a domestic violence charge stay on my record?

If you’re convicted, yes. It will appear on your CORI (Criminal Offender Record Information) and may affect employment, housing, or custody rights. In some cases, if the charge is dismissed or you’re found not guilty, you may be eligible to seal the record.

What if the incident was a misunderstanding?

It’s common for arguments to be misinterpreted or exaggerated during emotionally intense moments. Unfortunately, police and prosecutors often assume the worst. That’s why it’s critical to have a defense lawyer who can investigate what actually happened and present your side of the story clearly.

Can the Law Office of Patrick J. Murphy help me avoid a conviction?

Absolutely. Attorney Murphy has successfully handled hundreds of domestic violence cases in Boston Municipal and Suffolk County as well as criminal courts throughout Massachusetts. He understands the pressure prosecutors face in these cases—and how to expose weak evidence, inconsistent statements, and unfair assumptions. Of course, every case is different, but early legal intervention can make a major difference in how things play out.

If you’re facing domestic violence charges, you don’t have to go through it alone. Call the Law Office of Patrick J. Murphy at (617) 367-0450 for a free and confidential consultation, and start building your defense today.