Assault or Assault and Battery on a Family or Household Member

Massachusetts Domestic Violence Defense Attorney

It is unlawful for a person to assault or assault and batter any family or household member. The defendant and victim will have been considered “family or household members” if:

1. they are or were married to each other within five years of the date of the offense
2. they reside together or resided together in the same household within the five years preceding the date of the offense
3. they are related by blood
4. they have a child in common
5. they have a substantive dating or engagement relationship within the five years preceding the date of the offense

A substantive relationship is determined by the length of the relationship, the type of relationship, the frequency of interaction between the parties, and if the relationship has been terminated by either party, the length of time that has elapsed since the termination.

Legal Elements for Assault or Assault and Battery on a Family or Household Member

Under Massachusetts criminal law, there must be strong evidence of the following legal elements to convict the defendant of Assault on a Family or Household Member:

1. that the defendant assaulted the alleged victim, either by a threatened or attempted battery
2. that the defendant and alleged victim were family or household members

If the defendant was charged with Assault and Battery on a Family or Household Member, Under Massachusetts criminal law, there must be strong evidence of the following legal elements to convict the defendant:

1. that the defendant committed an assault and battery, either by intentional or reckless conduct on the alleged victim
2. that the defendant and alleged victim were family or household members

Potential Consequences if Convicted of Assault or Assault and Battery on a Family or Household Member

The potential consequences for Assault or Assault and Battery on a Family or Household Member, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13M.

A defendant convicted of Assault or Assault and Battery on a Family or Household Member may be sentenced to a term of imprisonment for not more than 2 ½ years in the house of corrections. Because this crime would be considered as a Domestic Abuse crime, the defendant will also face several other consequences such as betterers intervention program and/or counseling.

Recent Successful Rhode Island Domestic Assault Case Results

Women charged in the Worcester County Uxbridge District Court for Assault and Battery on a Family or Household Member in violation of M.G.L. c. 265, § 13M(a)

Uxbridge Police received a call regarding a domestic disturbance.  Upon arrival, the husband explained to police that he recently filed for divorce due to his wife’s infidelity.  Earlier that day, he could not find his cell phone and believed his wife may have taken it.  He confronted the wife about it, who confirmed from behind a locked bathroom door that she had the phone.  She apparently took it after discovering text messages from another woman.  The husband claimed that his wife abruptly opened the bathroom door and began striking and scratching him on the face and body.  She then fled the house and drove away.  Police observed several scratches and cuts on the husband’s mouth, neck, and chest areas.  They photographed these injuries and documented as evidence.  While police were still on scene, the woman abruptly pulled back into the driveway.  Police advised the woman that she needed to leave the area and would receive a summons to appear for a Clerk-Magistrate’s Hearing in Uxbridge District Court regarding the charge of Assault and Battery on a Family or Household Member in violation of M.G.L. c. 265, § 13M(a).  She immediately retained the Law Office of John L. Calcagni III, Inc. to represent her in her case.  Attorney Calcagni and his associates conducted an extensive investigation into the allegation against the women, and immediately began preparations for the hearing.  Following oral argument in support of the woman’s defense, the Clerk-Magistrate found no probable cause to support any criminal charges and denied the Uxbridge Police’s application for criminal complaint. No Probable Cause Found – Application for Criminal Complaint Denied.   

Worcester County Uxbridge District Court

View all domestic violence case results.

If you have been charged with Assault or Assault and Battery on a Family or Household Member and need experienced Massachusetts Assault Defense Attorneys call (508) 213-9113 to schedule a free consultation with the Law Offices of John L. Calcagni III.