Massachusetts Domestic Violence Defense
Restraining Orders & Harassment Prevention Orders
Domestic violence allegations can affect much more than a criminal case. A person facing an allegation may be worried about arrest, bail, a restraining order, losing access to a home, contact with a spouse or partner, employment, reputation, immigration status, or what may happen to family relationships.
Based in Boston, I represent clients in domestic violence matters in criminal courts throughout Massachusetts. I understand that these cases require careful attention to both the criminal allegations and the circumstances in which they arose. I do not assume that an allegation tells the whole story. I examine the evidence, investigate the circumstances, and work with each client to determine what legal and factual issues may affect the defense.
My experience, skill, and dedication are important in these cases because there may be significant consequences beyond the charge itself. My goal is to understand what happened, what the evidence actually shows, and what may be required to defend you.
Contact Me About Your Massachusetts Domestic Violence Case
If you have been arrested, charged, contacted by the police, served with a 209A restraining order, or served with a 258E harassment prevention order, do not assume that you have to figure out what to do on your own.
I am based in Boston and represent clients in criminal courts throughout Massachusetts. You can speak with me directly during the initial consultation, including when your call comes outside ordinary business hours. Even if it is the evening time, early in the morning, over the weekend, or
on a holiday, please do not hesitate to call me.
Call me for a free consultation to discuss what has happened, the issues that may need to be addressed, and whether I may be able to help you. I will provide a fair flat fee quote for your matter, because you deserve to know what your defense will cost you.
Attorney Susan Rayburn has over 25 years of criminal defense experience. She has an excellent record of favorable outcomes for her clients, whether through dismissals, negotiated resolutions, or jury trials. Attorney Rayburn is known to be a skilled, aggressive, and successful criminal defense attorney who ethically and creatively fights for her clients’ rights.
Attorney Rayburn effectively and aggressively represents people accused of a wide variety of criminal offenses, including crimes of murder, assault with intent to murder, assault and battery with serious bodily injury, domestic violence offenses, rape, sexual assault, armed robbery, home invasion, arson, human trafficking, drug trafficking, possessory offenses, financial crimes, identity, and credit card crimes. She handles major felonies and misdemeanors, grand jury subpoenas, trial subpoenas, immunity agreements, witness representation, restraining orders, and clerk magistrate hearings.
COMMONLY ASKED Legal QUESTIONS
What Is Considered a Domestic Violence Case in Massachusetts?
Domestic violence is not a single criminal charge. Allegations arising from a family or household
relationship, dating relationship, or other intimate relationship can lead to different criminal charges
depending on the circumstances. These may include assault and battery, strangulation, stalking,
criminal harassment, threats, property-related offenses, or allegations involving violation of an
abuse prevention or other protective order.
The relationship between the people involved can be important to the case, but the defense still
depends upon the particular allegations, the evidence, and the law that applies to the charge. I
begin by understanding exactly what is alleged and what the Commonwealth would have to prove.
What Evidence Can Matter in a Domestic Violence Case?
Domestic violence is not a single criminal charge. Allegations arising from a family or household
relationship, dating relationship, or other intimate relationship can lead to different criminal charges
depending on the circumstances. These may include assault and battery, strangulation, stalking,
criminal harassment, threats, property-related offenses, or allegations involving violation of an
abuse prevention or other protective order.
The relationship between the people involved can be important to the case, but the defense still
depends upon the particular allegations, the evidence, and the law that applies to the charge. I
begin by understanding exactly what is alleged and what the Commonwealth would have to prove.
How Do You Approach the Defense of a Domestic Violence Case?
Every domestic violence case is different. I begin by listening carefully to my client and understanding the circumstances that led to the allegation. I then review the available evidence and determine what additional information or investigation may be necessary.
Depending on the case, this may involve obtaining and reviewing police reports, 911 calls, body-
worn-camera footage, recordings, digital communications, photographs, medical records, witness information, and other evidence. It may also involve legal research, discovery, pretrial motions, evidentiary hearings, negotiations with the prosecution, or preparation for trial. I do not believe the defense of a criminal case can be reduced to a standard checklist. The approach has to fit the facts, evidence, legal issues, and circumstances of the individual client. As the case develops, the defense may need to change as additional evidence becomes available or new issues arise.
What Should I Do If the Police Want to Question Me About a Domestic Violence Allegation?
I recommend speaking with a criminal defense attorney before answering questions about a domestic violence allegation. You do not need to wait until you are arrested or given Miranda warnings before seeking legal advice. What you say may become part of the investigation even if you were not initially treated as a suspect. If there is a reason to speak with law enforcement, that decision should be made after understanding the circumstances and the potential consequences. If an interview is appropriate, it
can be discussed with counsel involved.
Can a Domestic Violence Charge Affect My Immigration Status If I Am Not a U.S. Citizen?
Yes, it can have serious immigration implications. The potential consequences depend on the person’s immigration status and history, the criminal charge, and the way the case is resolved. Federal immigration law recognizes crimes of domestic violence among grounds that can affect noncitizens, and the immigration consequences of a criminal disposition can be complex. If you are not a U.S. citizen, tell me about your immigration status at the beginning of the consultation. I take immigration concerns seriously when evaluating a criminal case and, when appropriate, work with qualified immigration counsel so that you can understand the potential consequences before making an important decision about your criminal case.
What Are the Collateral Consequences of a Domestic Violence Charge?
The consequences of a domestic violence case can extend well beyond the courtroom. Depending on the charge, the evidence, the protective orders involved, and the eventual disposition, a person may be concerned about employment, professional reputation, housing, family relationships, firearms, immigration status, or other parts of daily life. Those concerns can affect the decisions that need to be made in a criminal case. I want to understand those concerns from the beginning so that decisions are made with an understanding of the potential consequences, not simply the immediate charge.
Can Domestic Violence Allegations Affect My Home, Divorce, or Separation?
They can. Domestic violence allegations and protective orders sometimes arise while people are separating, divorcing, or disputing who should remain in a home. A 209A order can include an order to leave or stay away from a household residence, which can have immediate practical consequences. The circumstances surrounding the relationship and the timing of the allegations may therefore be
important to understanding the case. That does not mean that an allegation is true or false because it arose during a separation or housing dispute. It means that the context should be examined along with the evidence.
What If the Person Who Accused Me Does Not Want to Press Charges?
A criminal case is prosecuted by the Commonwealth, not by the person named as the victim. A person may tell the prosecutor that he or she does not want the case prosecuted, but that does not automatically require the charges to be dismissed. If the named victim is unwilling to participate, that may become an important part of the circumstances and the prosecution may make different decisions about how to proceed. The effect depends on the evidence available and the particular stage of the case. I evaluate the case based
on the evidence and the legal issues rather than assuming that a case will disappear simply because the other person does not want to proceed.
What Evidence Can Matter in a Domestic Violence Case?
Domestic violence cases can involve many different forms of evidence. Depending on the circumstances, this may include 911 calls, police reports, witness statements, photographs, medical records, text messages, emails, social media, telephone records, video, audio recordings, location information, and other digital or forensic evidence. Police body-worn-camera footage can also be important. What an officer observed and recorded at the scene may provide evidence that is not fully reflected in a written report. I consider not only what evidence the Commonwealth has gathered, but also whether important evidence is missing and what additional information should be obtained. Evidence can help or hurt a defense. A communication, recording, photograph, or video may appear to tell one story when viewed in isolation but look very different when considered in its full context. Careful review of the evidence and the circumstances in which it was created or obtained is essential.
What Happens If Someone Says I Violated a Restraining or Harassment Prevention Order?
An alleged violation of a protective order can become a criminal matter. Under Massachusetts law, certain violations of a 209A or 258E order are subject to criminal enforcement, and police may make an arrest when they have the required basis to believe that an enforceable provision has been violated. Do not assume that an order no longer applies because the other person invites contact, agrees to see you, or says that it is acceptable to communicate. Only the court can modify or terminate the order. The safest course is to follow the order exactly unless and until a judge changes it.
What Is a Harassment Prevention Order Under Chapter 258E?
A Harassment Prevention Order under G.L. c. 258E is a civil court order that can protect a person from conduct that meets the legal requirements for harassment, stalking, or certain other conduct covered by the statute. Unlike a 209A order, a 258E order does not depend upon a family or household relationship or a dating relationship. A 258E order can include restrictions such as no contact or staying away. Certain violations of an active harassment prevention order are criminal offenses and can result in arrest and criminal
prosecution. Because of that, a person who has received a 258E order should understand its terms and obtain legal advice before taking action that could be viewed as a violation.
Can I Defend Myself Against a Restraining Order?
Yes. If a 209A restraining order has been requested or issued against you, you may have an opportunity to present your side of the circumstances and evidence to the court. The hearing is separate from a criminal case, but the facts involved may overlap with criminal allegations or an investigation. If you have received notice of a hearing, do not ignore it. The order may remain in effect or be extended depending on what happens at the hearing. I can review the order, the allegations, and the available evidence and help you understand what can be addressed in court.
What Is a Massachusetts 209A Restraining Order?
A 209A Abuse Prevention Order, commonly called a restraining order, is a civil court order that can impose significant restrictions on the person against whom it is issued. Depending on the circumstances, an order can require no abuse, no contact, staying away from a person or residence, leaving a shared home, and surrendering firearms and firearms licenses. A restraining order is a civil proceeding, not a criminal conviction. It can nevertheless have immediate and serious consequences for where you live, who you can contact, and what you may do while the order is in effect. If you receive an order, it is important to read it carefully and understand exactly what it requires.
Will the Court Automatically Believe the Person Who Accused Me?
Domestic violence allegations are taken seriously, but an allegation is not the same thing as a criminal conviction. In a criminal case, the Commonwealth must prove every element of the charged offense beyond a reasonable doubt. The defense must be prepared to examine the circumstances carefully, including what each person said and did, what other witnesses observed, what the physical or digital evidence shows, and whether the evidence supports the allegation. My role is to make sure the full circumstances are considered and that the prosecution is required to prove the charge the law requires it to prove.
Can a Recording Made Without My Knowledge Be Used Against Me?
Massachusetts law regulates the secret recording of wire and oral communications. Whether a recording was lawfully made, whether it was an interception governed by the law, and whether it can be used as evidence depends upon the circumstances in which it was created and obtained. A recording should not simply be assumed to be admissible or inadmissible because it was made without your knowledge. I examine how the recording was made, what was recorded, and the legal and evidentiary issues that may apply.
Can Text Messages, Emails, Videos, or Social Media Be Used Against Me?
They may become important evidence in a criminal or protective-order proceeding. The existence of a message, email, post, photograph, or video does not by itself answer what it means or whether it can properly be used in a particular proceeding.
I examine the surrounding communications and circumstances, including when the communication was made, what came before and after it, who created or received it, and whether the evidence is complete and reliable. In some cases, additional records or digital evidence may be necessary to understand the full picture.
What If I Have Injuries or Other Physical Evidence?
If you have injuries or other physical evidence that may be relevant to a domestic violence allegation, document and preserve that evidence as soon as possible. Photographs of injuries and other physical evidence may be important, particularly when they are made close in time to the event and can be placed in context. I consider physical evidence as part of the overall evaluation of a case, including what was documented, when it was documented, who documented it, and what the evidence actually shows. This can be important whether the physical evidence relates to the person making the allegation or to the person accused.
Can I Talk to You Directly About My Domestic Violence Case?
Yes. A free consultation is an opportunity to explain what has happened, ask questions, and discuss the circumstances of your case directly with me. I can often identify the legal and factual issues that are likely to matter and explain what information I would need to examine more closely before making a more complete assessment.
I cannot determine the full strength of a defense or whether particular evidence can be challenged based only on a client’s description of what happened. Those questions may depend on police reports, recordings, physical or digital evidence, witness statements, and other information that may not yet be available. However, the free consultation gives me an opportunity to understand the nature and likely demands of the case, which helps me determine what I would need to do to defend you and provide a fair flat fee quote for your matter.