978-689-1841

Free Case Evaluation

800 Turnpike Street
North Andover , MA 01845

Massachusetts Law Regarding Domestic Violence

Massachusetts Law Regarding Domestic Violence

In the state of Massachusetts, domestic violence laws include physical harm or the intent to physically harm, the infliction of fear of physical harm, and involuntary sexual relationship against a family or other household member. This crime is especially serious if the victim was violated by the suspect while a protective order was in place.

Definition of a household member:

• people who are or have once been married
• individuals that have children together
• individuals that are related through marriage or by blood
• individuals who live together are have lived together, such as roommates

Assault can range from actual physical harm or the intent to commit physical harm against another individual. This means that even a serious threat to commit physical harm can be considered assault. Simple assault is in itself a crime, but in Massachusetts, assault against a family or household member is considered a much more serious offense.

In addition, stalking can be considered domestic violence if it is proven that the suspect intended to cause bodily harm or inflict fear to a household member. Repeatedly calling, emailing, or attempting to contact an individual after it was made clear they want contact severed can be considered stalking. Stalking can turn to domestic violence if the victim has experienced severe emotional distress due to threats or the repeated attempts to make contact.

Possible Penalties of Domestic Assault:

  • A first offense of assault can result in up to 2 years in prison and fines up to $1000
  • A first offense of assault while a protective order is in place could result in 2-5 years imprisonment and up to $5000 in fines
  • A second offense could result in 2-5 years imprisonment and felony charges depending on the circumstances

Possible Penalties of Domestic Stalking:

  • The first offense could result in 2-5 years imprisonment and up to $1000 in fines
  • The second offense could result in 2-10 years imprisonment
  • Stalking while a victim is under a protective order can result in 1-5 years imprisonment

If you or a loved one is a victim of domestic violence, please contact our office for consultation.

Share on facebook
Share on twitter
Share on linkedin
Share on pocket
Share on email
Categories
Tags

Top rated family law and divorce lawyer serving Essex County and Middlesex County, Massachusetts including Andover, Boxford, Georgetown, Haverhill, Lawrence, Lowell, North Reading, Tewksbury, and more.

Related Posts

Do I have custody rights as a non-biological parent?

A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto

Read This

Dividing Qualified Retirement Plans in the Aftermath of Divorce

Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a

Read This

We help families move forward in their lives with less stress, less expense, and more control.

Call us to schedule a Free Case Evaluation.