Massachusetts G.L. c. 265, § 13M: Domestic Assault and Battery
If you're looking at this page, you may be holding a criminal complaint or summons citing G.L. c. 265, § 13A. Being charged with assault and battery is stressful and confusing. Understanding what you're facing is the first step toward protecting your future.
Call (978) 969-2890 for a free consultation.
Understanding Your Situation
We understand the fear and confusion you're experiencing right now. For nearly 30 years, we have helped people facing exactly what you're going through. You don't have to navigate this alone.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 13M Prohibit?
Massachusetts General Laws Chapter 265, Section 13M specifically addresses assault and battery committed against a family or household member. This is a distinct charge from simple assault and battery under Section 13A, carrying different penalties and additional consequences.
The key distinction is the relationship between the accused and the alleged victim. Under this statute, you can only be charged if the alleged victim qualifies as a "family or household member" as defined by Massachusetts law.
The statute covers the same underlying conduct as simple assault and battery—either an intentional touching that is harmful or offensive, or reckless conduct causing bodily injury—but applies specifically when the parties have a qualifying relationship.
Who Qualifies as a "Family or Household Member"?
Massachusetts law defines "family or household member" to include:
● Persons who are or were married to each other
● Persons who have a child in common regardless of whether they have ever married or lived together
● Persons who are or have been in a substantive dating or engagement relationship
For dating relationships, courts consider the length of time of the relationship, the type of relationship, the frequency of interaction between the parties, and if the relationship has been terminated, the length of time elapsed since termination. The relationship does not need to be exclusive or "committed." However, a single date or casual acquaintance is not sufficient.
What the Prosecution Must Prove
To convict you under G.L. c. 265, § 13M, the Commonwealth must prove each element beyond a reasonable doubt. The specific elements depend on whether the prosecution proceeds under an intentional or reckless theory.To convict you of assault and battery, the Commonwealth must prove every element of the offense beyond a reasonable doubt. This is a high standard, and the prosecution bears the entire burden.
Intentional Assault and Battery (4 Elements)
Touching — The defendant touched the person of the alleged victim. This includes any physical contact, however slight, whether direct or indirect (such as through an object).
Intent to Touch — The defendant intended to touch the alleged victim. The touching must have been conscious and deliberate, not accidental or inadvertent.
Harmful or Offensive — The touching was either likely to cause bodily harm OR was offensive. Offensive touching means without the consent of the alleged victim.
Family/Household Relationship — The defendant and the alleged victim were family or household members at the time of the alleged offense.
Reckless Assault and Battery (3 Elements)
Intentional Conduct Causing Injury — The defendant intentionally engaged in actions that caused bodily injury to the alleged victim. Bodily injury means more than trifling or momentary—it must interfere with health or comfort.
Recklessness — The defendant's actions amounted to recklessness. Recklessness means the defendant knew or should have known that the actions were very likely to cause substantial harm to someone.
Family/Household Relationship — The defendant and the alleged victim were family or household members at the time of the alleged offense.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Penalties for Domestic Assault and Battery Under Massachusetts Law
Penalties under G.L. c. 265, § 13M are more severe than simple assault and battery, and include a mandatory intervention program requirement.
First Offense (Misdemeanor)
● Up to 2½ years in the house of correction
● Fine of up to $5,000
● Or both imprisonment and fine
● Mandatory completion of a certified batterer's intervention program (40 weeks)
● Fine of up to $5,000
● Or both imprisonment and fine
● Mandatory completion of a certified batterer's intervention program (40 weeks)
Second or Subsequent Offense (Felony)
● Up to 5 years in state prison
● Or up to 2½ years in the house of correction
● Mandatory completion of a certified batterer's intervention program
● Or up to 2½ years in the house of correction
● Mandatory completion of a certified batterer's intervention program
Collateral Consequences
● Restraining orders (209A) may be issued, restricting contact and residence
● Firearm prohibition: 5 years under Massachusetts law; lifetime prohibition under federal law for domestic violence convictions
● Immigration consequences: Domestic violence convictions can trigger deportation proceedings for non-citizens
● Employment impact: Criminal record appears on background checks; certain professions (healthcare, education, childcare, security) may be affected
● Child custody implications: Courts consider domestic violence in custody determinations
● Housing: Landlords may deny applications based on criminal history
● Professional licensing boards may require disclosure and can impose sanctions
● Firearm prohibition: 5 years under Massachusetts law; lifetime prohibition under federal law for domestic violence convictions
● Immigration consequences: Domestic violence convictions can trigger deportation proceedings for non-citizens
● Employment impact: Criminal record appears on background checks; certain professions (healthcare, education, childcare, security) may be affected
● Child custody implications: Courts consider domestic violence in custody determinations
● Housing: Landlords may deny applications based on criminal history
● Professional licensing boards may require disclosure and can impose sanctions
Related Criminal Charges
● G.L. c. 265, § 13A: Assault and Battery — Simple assault and battery without the domestic relationship element; carries lower penalties for first offense.
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon — Charged when an object capable of causing serious harm is used in the assault.
● G.L. c. 265, § 15D: Strangulation or Suffocation — A separate felony charge if the assault involves strangulation; often charged alongside domestic assault.
● G.L. c. 209A: Violation of Abuse Prevention Order — If a restraining order is in place, contact with the protected person is a separate criminal offense.
● G.L. c. 265, § 13J: Assault and Battery on a Child Causing Bodily Injury — Charged when the alleged victim is under 14 years old.
● G.L. c. 268, § 13B: Witness Intimidation — May be charged if there is alleged contact with the victim after charges are filed.
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon — Charged when an object capable of causing serious harm is used in the assault.
● G.L. c. 265, § 15D: Strangulation or Suffocation — A separate felony charge if the assault involves strangulation; often charged alongside domestic assault.
● G.L. c. 209A: Violation of Abuse Prevention Order — If a restraining order is in place, contact with the protected person is a separate criminal offense.
● G.L. c. 265, § 13J: Assault and Battery on a Child Causing Bodily Injury — Charged when the alleged victim is under 14 years old.
● G.L. c. 268, § 13B: Witness Intimidation — May be charged if there is alleged contact with the victim after charges are filed.
Defending Against Domestic Assault and Battery Charges
Every domestic assault case depends on its specific facts. The relationship context, the circumstances of the alleged incident, and the available evidence all shape the defense strategy.
Common defense issues in these cases include self-defense claims, where you may have been protecting yourself from harm. Accidental contact—touching that occurred without intent to harm or offend—negates the intent element. Consent may be relevant in certain circumstances. The prosecution must also prove the qualifying relationship existed at the time of the alleged offense.
Many domestic assault cases involve conflicting accounts with limited physical evidence. The alleged victim's credibility and any inconsistencies in their statements become significant. Additionally, alleged victims have constitutional rights, including the right not to testify, which can affect the prosecution's ability to prove the case.
We evaluate every aspect of your case to develop the strongest possible defense strategy for your specific situation.
Common defense issues in these cases include self-defense claims, where you may have been protecting yourself from harm. Accidental contact—touching that occurred without intent to harm or offend—negates the intent element. Consent may be relevant in certain circumstances. The prosecution must also prove the qualifying relationship existed at the time of the alleged offense.
Many domestic assault cases involve conflicting accounts with limited physical evidence. The alleged victim's credibility and any inconsistencies in their statements become significant. Additionally, alleged victims have constitutional rights, including the right not to testify, which can affect the prosecution's ability to prove the case.
We evaluate every aspect of your case to develop the strongest possible defense strategy for your specific situation.
What To Do Right Now
If you've just been charged with domestic assault and battery, here's what you need to know:
● Do not contact the alleged victim, even if they contact you first
● Do not discuss your case with anyone except your attorney
● Do not post anything about your situation on social media
● Comply with all bail conditions and court orders
● Write down everything you remember about the incident while details are fresh
● Preserve any evidence that might help your defense (texts, photos, witness names)
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Do not contact the alleged victim, even if they contact you first
● Do not discuss your case with anyone except your attorney
● Do not post anything about your situation on social media
● Comply with all bail conditions and court orders
● Write down everything you remember about the incident while details are fresh
● Preserve any evidence that might help your defense (texts, photos, witness names)
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Facing domestic assault charges is overwhelming, but you don't have to go through this alone. We offer free, confidential consultations with no obligation. For nearly 30 years, we have helped people through exactly what you're experiencing. We'll help you understand your options and what comes next.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
