Springfield Domestic Violence Lawyers

While domestic violence affects families emotionally and physically, it also can have severe legal consequences as well. A charge of domestic violence can drastically affect an individual’s rights during a divorce and throughout all family law matters. Whether you have been the victim of domestic violence, or you are being charged with it, our family law attorneys at Sclafani & Moriarty will help.

For more than 25 years, attorneys Charles J. Sclafani, Jr., and Tanya K. Moriarty have been helping individuals protect their rights when involved with domestic violence charges.

Contact us today to schedule a free in-office case evaluation. We have the knowledge required to help victims of domestic violence obtain restraining orders and the skills to protect the rights of the accused as well.

How Can a Springfield, MA Domestic Violence Lawyer Help Me?

Navigating a domestic violence issue in Springfield, Massachusetts—whether you are seeking emergency protection or facing allegations—can be overwhelming. The legal landscape in Western Massachusetts involves strict state statutes, complex court procedures, and high-stakes personal consequences. Enlisting the support of an experienced Springfield domestic violence attorney provides essential legal guidance, objective representation, and tactical strategy when you need it most.

Navigating Abuse Prevention Orders (209A Orders)

In Massachusetts, a primary legal mechanism in domestic violence cases is the Abuse Prevention Order governed under M.G.L. c. 209A. A domestic violence lawyer assists clients on both sides of this process: 

• For Victims Seeking Protection: An attorney can assist in filing petitions pursuant to M.G.L. c. 209A, § 3, drafting supporting affidavits, and representing you during initial emergency hearings under M.G.L. c. 209A, § 4 and ten-day extension hearings in Springfield District Court or Hampden County Probate and Family Court. They ensure the court order clearly addresses critical issues like no-contact provisions, child custody, temporary financial support, and property access.
• For Defendants Opposing Orders: If you are served with an ex parte restraining order, an attorney prepares evidence, cross-examines accusers, and advocates to prevent a permanent order from being issued. Preventing an order is critical, as a issued 209A order appears on domestic violence registries pursuant to M.G.L. c. 209A, § 7 and impacts employment, housing, and firearm rights under M.G.L. c. 209A, § 3B. 

Criminal Defense Against Domestic Assault Charges

If domestic abuse allegations lead to criminal charges—such as domestic assault and battery under M.G.L. c. 265, § 13M, strangulation under M.G.L. c. 265, § 15D, or violation of a restraining order under M.G.L. c. 209A, § 7—the consequences include potential jail time, mandatory probation programs, heavy fines, and a criminal record.

A local Springfield defense attorney investigates the details of your arrest, examines police reports, interviews witnesses, and evaluates physical evidence. They work to identify procedural errors, lack of evidence, or self-defense grounds to seek reduced charges or outright dismissals. When necessary, they build a compelling trial strategy tailored to the specific tendencies of Hampden County courts.

Managing Related Family Law Matters

Domestic violence cases rarely exist in a vacuum; they frequently intersect with family law proceedings. Allegations directly impact pending or future divorces, emergency child custody determinations under M.G.L. c. 209, § 38, and visitation schedules. A lawyer holistic in domestic law helps coordinate your strategy across both criminal and family courts, ensuring statements or rulings in one proceeding do not inadvertently harm your interests in another. 

Knowledge of Local Courts and Procedures

Working with an attorney based in Springfield offers a practical advantage: familiarity with the local legal ecosystem. Local counsel understands the procedural preferences of judges sitting in Springfield District Court and Hampden County Superior Court, as well as the practices of the Hampden County District Attorney’s Office. This local insight allows your lawyer to anticipate opposing arguments, negotiate effectively, and manage administrative timelines without delay.

Whether your priority is securing physical safety through protective orders or mounting a defense to safeguard your record and future, a Springfield, MA domestic violence lawyer acts as an advocate at every stage. Their counsel ensures your constitutional rights are upheld, your story is clearly presented, and your legal outcomes are prioritized.

What Are the Penalties for Domestic Assault and Battery in Springfield, MA?

In Springfield, Massachusetts, domestic assault and battery is taken with great seriousness by law enforcement, the Hampden County District Attorney’s Office, and the Springfield District Court. Governed primarily under Massachusetts General Laws Chapter 265, Section 13M, an assault and battery on a family or household member carries significant legal, personal, and mandatory administrative consequences. 

Misdemeanor vs. Felony Offenses

For a first-time offense, domestic assault and battery is charged as a misdemeanor under M.G.L. c. 265 § 13M. Penalties for a conviction include:

• Jail Time: Up to 2.5 years in a county house of correction. 
• Fines: Court fines, administrative assessments, and probation supervision fees.

However, penalties increase sharply if certain aggravating factors exist or if you have a prior record. A domestic assault and battery charge elevates to a felony under the following conditions: 

• Subsequent Offenses: A second or repeat conviction under Section 13M carries enhanced penalties, including mandatory minimum sentences or state prison time. 
• Serious Bodily Injury: If the incident results in substantial physical injury, a conviction can yield up to 5 years in state prison or up to 2.5 years in a house of correction.
• Aggravating Factors: Offenses committed against a pregnant victim or a victim who holds an active abuse prevention order (Chapter 209A restraining order) against the defendant are charged as felonies.
• Use of a Dangerous Weapon: Charged under M.G.L. c. 265 § 15A, assault and battery with a dangerous weapon (ranging from firearms to common objects used aggressively) is a felony carrying up to 10 years in state prison. 

Mandatory Probation and Program Conditions

Even when a judge grants probation in lieu of active jail time, Massachusetts law mandates specific probationary conditions.

• Certified Batterer’s Intervention Program: Individuals convicted or placed on probation for domestic assault must complete a state-certified 40-week Certified Intimate Partner Violence Intervention Program (often referred to as a batterer’s program). Defendants must pay out-of-pocket for these classes.
• Substance Abuse Evaluation: Courts frequently order drug and alcohol screenings, as well as mandatory treatment or anger management courses.

Protective Orders and Collateral Consequences

Beyond direct judicial sentencing, a charge in Springfield incurs immediate, far-reaching collateral penalties:

• 209A Restraining Orders: Judges typically issue emergency or extended abuse prevention orders. Violating a 209A restraining order is a separate misdemeanor carrying up to 2.5 years in jail and mandatory compliance programs. 
• Loss of Firearms Rights: Under federal and state law (including M.G.L. c. 140 § 121), any misdemeanor domestic violence conviction results in a permanent loss of the right to possess, carry, or own firearms.
• Impact on Custody and Immigration: A domestic violence conviction can negatively alter child custody and visitation decisions in family court. For non-U.S. citizens, domestic violence convictions trigger severe immigration consequences, including deportation or inadmissibility.

Knowledge of Both Sides of Domestic Violence Charges

At our West Springfield law firm, our attorneys have had the unique opportunity to represent clients on both sides of domestic violence cases. This allows us to have a better understanding of what the other side will argue and how to best protect your rights in court.

If you are accused of domestic violence, it is imperative to seek guidance from a skilled attorney immediately. These charges can have you removed from your home, affect your job, your rights to distributions in a divorce and affect your rights to see your children.

If you are being abused by a loved one, it is also critical to seek help from a family lawyer who knows how to get you the protection you need immediately. We understand how difficult this time in your life can be and will be by your side throughout the entire process.

Guidance With Restraining Orders in Massachusetts

Victims of domestic violence have the right to obtain a restraining order in Massachusetts. This order can consist of a complete no contact order or a modified order where limited contact is allowed.

Our lawyers can help you obtain an emergency order for protection if needed as well. This will allow you to protect your family immediately. We will then guide you through the following court hearings to determine if that order needs to be made permanent.

Contact a Massachusetts Lawyer Regarding Spousal Abuse Charges

Family violence is no small matter. Our compassionate attorneys at our West Springfield law firm are hear for you. Contact us for an initial consultation to learn how we can help.

Last Updated: October 2026