{"id":373965,"date":"2016-03-31T21:35:35","date_gmt":"2016-04-01T02:35:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-domestic-violence-laws.html"},"modified":"2025-05-30T12:59:31","modified_gmt":"2025-05-30T17:59:31","slug":"massachusetts-domestic-violence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-domestic-violence-laws.html","title":{"rendered":"Massachusetts Domestic Violence Laws"},"content":{"rendered":"\n
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Massachusetts Domestic Violence Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Being any kind of victim is a traumatic experience, but it can be even worse if the offender is a family member. Domestic violence<\/a> is not just a crime but also a betrayal of trust. The Commonwealth of Massachusetts has domestic abuse laws in place to both offer protection to victims and punishment for those who are responsible.<\/p>\r\n

Having a firm grasp of Massachusetts domestic violence laws allows injured parties to be aware of the available remedies<\/a>. This can present the opportunity to escape the vicious cycle of threats and abuse prevalent in domestic violence cases<\/a>. This article can bring you up to speed on what you need to know about domestic violence laws in Massachusetts.<\/p>\r\n

Massachusetts Domestic Violence Laws: How They Work<\/h2>\r\n

Understanding how Massachusetts fights domestic violence requires knowing who’s involved, what’s considered domestic abuse, and how the Commonwealth protects the victims.<\/p>\r\n

There are both civil and criminal laws that work to protect victims and hold offenders accountable. A survivor of domestic violence may seek relief through one or both approaches of the law.<\/p>\r\n

When the police respond to a domestic violence incident or call, the investigation may lead to criminal charges against an offender. The state (or Commonwealth in the case of Massachusetts) brings a criminal case. The victim of a crime becomes an important witness in the state’s case. The state’s representative (the district attorney) decides whether to resolve the case through a plea agreement, to take the case to trial, or to dismiss it.<\/p>\r\n

A domestic violence victim can also seek a civil abuse protection order (APO). In these civil cases, the victim or survivor of abuse is the plaintiff who files the action that starts the case. As the plaintiff, the victim can reach a consent agreement with the offender (the defendant), take the case to a full hearing, or dismiss it.<\/p>\r\n

Criminal and civil cases can have different definitions of key terms. They also require different levels of proof. In a criminal case, the state must prove the elements of the crime beyond a reasonable doubt. In a civil case, the plaintiff must convince the court by a preponderance of the evidence that the defendant engaged in domestic violence.<\/p>\r\n

Let’s tackle these different approaches one at a time.<\/p>\r\n

Massachusetts Domestic Violence: What Is Domestic Abuse?<\/h2>\r\n

Under Massachusetts law, criminal laws will include the elements that the state must prove. In general, the Commonwealth considers domestic violence to be criminal acts of abuse committed by one family or household member against another. In the crime of assault and battery against a family or household member, the law defines a family or household member as one of the following:<\/p>\r\n