Massachusetts Domestic Violence Laws

Being any kind of victim is a traumatic experience, but it can be even worse if the offender is a family member. Domestic violence 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.

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

Massachusetts Domestic Violence Laws: How They Work

Understanding how Massachusetts fights domestic violence requires knowing who's involved, what's considered domestic abuse, and how the Commonwealth protects the victims.

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.

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.

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.

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.

Let's tackle these different approaches one at a time.

Massachusetts Domestic Violence: What Is Domestic Abuse?

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:

• Current or former spouses
• People who have a child in common, whether they are married or not
• People who are or have been in a substantive dating or engagement relationship

Under Massachusetts' civil law definition of domestic abuse, the conduct of an offender needs to involve at least one of the following:

• Attempting to cause physical harm
• Causing physical harm
• Placing another in fear of imminent serious physical harm
• Causing another to engage in involuntary sexual relations by force, threat, or duress
• Using coercive control (effective 9/18/24)

Coercive control as a form of domestic violence was approved by the state legislature in June 2024 with the passage of House Bill 4744 (H.4744). It involves a pattern of behavior from the abuser that threatens, intimidates, harasses, isolates, controls, coerces, or compels compliance from the victim through fear.

Domestic violence is not limited to physical and sexual abuse. It can include emotional abuse, economic control, and neglect. However, not every type of domestic abuse will meet the elements of a crime in Massachusetts.

The factors that support a finding of coercive control may or may not include certain conduct under a criminal statute (such as stalking or criminal harassment). One area where a finding of coercive control may lead to a criminal penalty is when it forms the basis of a violation of a protective order.

Massachusetts Domestic Violence: Abusers and Victims

The Commonwealth definition of a family or household member for an abuse prevention order is broader than the criminal law definition. Under Chapter 209A (Abuse Prevention), the following relationships qualify as family or household members:

• Spouses and former spouses
• People who are or were residing in the same household
• People who are or were related by blood or marriage
• People who have a child together, regardless of whether they were ever married or lived together
• People who are or were in a substantive dating or engagement relationship

The court will use specific criteria to determine if those in a dating relationship fall under the family and household member definition. The factors involved are:

• Duration of the relationship
• Type of relationship
• Frequency of interaction between the parties
• If the relationship ended, the length of time that has passed since the breakup

If the court decides the relationship doesn't qualify, the civil domestic violence laws will not apply. There may be other remedies available. This can include a harassment protection order.

Massachusetts Domestic Laws: Remedies for Victims

Escaping the nightmare of domestic abuse is often a difficult task for victims. It can seem impossible if the residence is shared with the abuser, but Massachusetts has safeguards in place designed to aid victims in improving their situation.

The most common form of relief for victims of domestic violence crimes is an order of protection. These abuse prevention orders (APO) are also referred to as a 209A Order.

An APO can be issued by a district, probate, family, or Boston municipal court. Although a court can grant an emergency (or ex parte) APO at the initiation of a case, the judge will make a final decision whether to grant or maintain an APO after a hearing in which both the victim (plaintiff) and the accused abuser (defendant) present their cases, including evidence and witnesses.

If issued, the APO offers protections applicable to the situation. Every APO will be different. Conditions common for Massachusetts APOs include demanding that the abuser:

• Not threaten you
• Not cause you physical harm
• Not threaten to cause you physical harm
• Not force you into involuntary sexual relations in any way
• Not cause you to be in fear of abuse
• Not abuse you, your children, or any animals at your residence
• Not contact you, including at your home or workplace
• Leave a shared residence, surrender their keys, and not return
• Not coerce you in any manner
• Surrender all firearms if either law enforcement or the courts deem the abuser a danger

In addition, the judge can issue a court order that the defendant pay child and spousal support when appropriate. Reimbursing the victim for expenses caused by the abuser, such as loss of wages or medical bills, is a possibility as well.

APOs can last up to one year. The court can also make them permanent.

An APO can be enacted as an emergency (ex parte) abuse prevention order if an imminent threat of abuse exists. The emergency APO is issued by the court without a hearing. The alleged abuser is served by law enforcement. This is temporary and lasts until a hearing, which will be scheduled within 10 days.

If a victim needs an APO but the courts are closed, they can obtain an emergency protective order through law enforcement and the Judicial Response System. In such cases, the order is temporary. The alleged victim must file for an ex parte APO the following business day.

Neither ex parte APOs nor emergency protective orders are proof of abuse or an admission of guilt. They can't be used as evidence in any trials.

For abuse that isn't considered domestic violence, Harassment Prevention Orders (HPO), or 258E Orders, offer protection for victims. While many of the offenses are similar, such as stalking or assault, HPOs are used when the family or household member relationship doesn't apply. HPOs can also be emergency orders.

For more details on orders of protection in Massachusetts, check out FindLaw's Massachusetts Domestic Violence Abuse Prevention Orders article.

Massachusetts has other protections for victims of domestic violence. The Address Confidentiality Program (ACP) allows victims to have a second legal mailing address that forwards mail to their true location. It's also used for driver's licenses and tax information.

Domestic violence victims can terminate leases under Massachusetts law to escape an abuser without penalty. They can also request that the landlord change the locks.

Massachusetts Domestic Violence: Penalties for Abusers

Criminals in Massachusetts are expected to face the consequences of their offenses. When the state pursues domestic violence as a crime, charges and/or penalties may be enhanced. Criminal incidents of domestic violence can be both misdemeanors and felonies. Which it'll be depends on the facts of the case and what laws the state concludes were broken.

Anyone convicted of a crime that includes domestic violence can be ordered to complete an Intimate Partner Abuse Education Program (IPAEP). IPAEPs are intended to help the abuser take responsibility for their actions and learn how to remove domestic abuse from their decision-making process.

Violating an APO is a serious offense with severe punishments in Massachusetts. An APO is a civil order, but violations can be criminal offenses. Making forbidden contact with a victim can impose up to two-and-a-half years in a house of correction.

The penalties are worse if additional crimes are committed. Stalking someone under an APO carries a sentence of one to five years in a jail or state prison, a fine of up to $5,000, or both.

Massachusetts Domestic Violence Laws: A Summary

The table below offers a recap of the information above, along with links to important Massachusetts domestic violence code sections.

Note: State laws in Massachusetts are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Massachusetts family law attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Massachusetts Domestic Violence Laws: Related Resources

• Massachusetts Protective Orders Laws
• Filing a Domestic Violence Lawsuit
• Getting Help With Domestic Violence
• National Domestic Violence Hotline (800.799.7233)
• Jane Doe, Inc. - Massachusetts Coalition Against Sexual Assault and Domestic Violence

Have Questions About Massachusetts Domestic Violence Laws? Talk to an Attorney

Domestic violence is a subject most people would prefer to avoid. Ignoring it doesn't solve the problem. For victims and their loved ones, it's essential to know what legal protections are available and to engage in safety planning. A skilled Massachusetts family law attorney knows the Commonwealth's domestic violence laws and can help you find your path to an abuse-free life.

A domestic violence charge is a serious matter that can have a lasting impact. If you stand accused of domestic violence, reaching out to a Massachusetts criminal defense attorney can be a huge step in the right direction. They can examine your case, explain your options, offer legal advice, and represent you in the court system.