Domestic violence allegations and restraining orders can create immediate consequences long before a criminal case reaches trial. Winn Law, P.C. represents clients facing domestic violence charges, restraining order violations, and 209A abuse prevention order proceedings throughout Massachusetts.

Massachusetts domestic violence cases can involve a wide range of criminal charges, including domestic assault and battery, strangulation, intimidation of a witness, malicious destruction of property, and violation of a restraining order An allegation can also lead to the issuance of an abuse prevention order under Chapter 209A, sometimes before the accused has had an opportunity to appear in court and respond.

Domestic Violence Criminal Charges

Domestic violence cases present challenges that extend beyond the criminal charge itself. An arrest or allegation may affect where a person can live, contact with children, divorce or custody proceedings, employment, professional licenses, and reputation. A court may impose no-contact or stay-away conditions while the criminal case is pending, creating serious consequences before guilt or innocence has ever been determined.

These cases also frequently arise from complicated personal relationships. The police report does not always tell the whole story. Text messages, photographs, medical records, witness accounts, prior communications, and the history between the parties may provide important context or directly contradict the allegations.

An effective defense requires more than waiting for trial. The evidence should be examined early to identify inconsistencies, missing evidence, credibility problems, possible defenses, and opportunities to resolve the case without a conviction.

Restraining Order Violations

A violation of a Massachusetts abuse prevention order can result in a separate criminal prosecution. These cases may turn on questions that are very different from those involved in the original restraining order, including whether the defendant had notice of the order, precisely what the order prohibited, whether prohibited contact actually occurred, and whether the alleged violation was intentional.

Because restraining order violations can result in arrest and criminal prosecution, they should be defended with the same care as any other criminal charge.

Defending Against a 209A Abuse Prevention Order

Winn Law also represents clients at hearings concerning the issuance or extension of restraining orders under Chapter 209A.

A restraining order proceeding is civil rather than criminal, but its practical consequences can be substantial. An order may require a person to leave a residence, stay away from another person or location, surrender firearms, or have no contact with members of his or her family.

The hearing therefore matters. The accused has an opportunity to challenge the allegations, present relevant evidence, cross-examine witnesses when appropriate, and explain why the legal requirements for an abuse prevention order have not been established.

Experience Defending Domestic Violence and Restraining Order Cases

Attorney Patrick M. Winn has substantial courtroom experience defending domestic violence allegations. He has obtained numerous jury acquittals for clients charged with domestic assault and battery, successfully defended clients accused of violating restraining orders, and successfully opposed the issuance of abuse prevention orders at civil hearings.

Winn Law is a solo criminal defense practice. Clients work directly with Attorney Winn in preparing their defense and throughout the court proceedings. Each case is evaluated individually, with particular attention to the evidence, the history between the parties, and the collateral consequences that can make domestic violence and restraining order cases especially serious.

For a free and confidential consultation about a domestic violence charge, restraining order violation, or 209A hearing, contact Winn Law, P.C. here, or call (857) 415-2415.