Domestic Violence

Domestic Violence Attorney in Beverly

Trial-Tested Defense Since 1987, With Over 150 Cases Tried

A domestic violence charge in Massachusetts moves fast. At arraignment, a no-contact order may already be in place, and the case against you may already be building. Gelb & Gelb LLP has defended clients in criminal matters since the firm’s founding in 1987, and our attorneys have tried over 150 cases combined. When you work with us, you work directly with an experienced trial attorney from the first call through the close of the case.

Massachusetts domestic violence cases carry distinct procedural rules from the moment of arrest. Preferred arrest policies under state law, release conditions that may be imposed at arraignment, and the possibility of a parallel civil proceeding all create pressure that can compound quickly. We work to get involved before arraignment whenever possible.

If you’re facing domestic violence allegations or charges in Beverly, call us at (877) 867-0034 to discuss your situation with a domestic violence attorney.

Recognized Across Massachusetts for High-Stakes Defense

Our attorneys are listed on the Massachusetts and New England Super Lawyers roster, including the Top 100 Lawyers in Massachusetts. Gelb & Gelb LLP also holds an Avvo Rating of 10.0 Superb, an AV Rated Preeminent designation from Martindale-Hubbell, and recognition in The Best Lawyers in America. These aren’t marketing claims. They reflect decades of contested litigation against the Essex County District Attorney’s Office, state agencies, and large institutional adversaries.

Digital evidence decides many domestic violence cases today. Text messages, social media records, and recorded calls frequently become central exhibits for the prosecution. Our experience managing voluminous electronically stored information means we know how to analyze that evidence, challenge its authenticity, and use it when it helps our clients. We also maintain established relationships with experts and litigation support professionals for cases that require them.

Two Separate Cases Can Follow One Allegation

A domestic violence allegation in Massachusetts can trigger a criminal prosecution, a civil abuse prevention proceeding under G.L. c. 209A, or both simultaneously. A resolution in one doesn’t automatically resolve the other, and the two proceedings follow different rules and timelines.

On the criminal side, assault and battery on a family or household member is charged under G.L. c. 265, Section 13M. That statute applies a narrower definition of covered relationships than the civil order statute does. A 209A order, by contrast, covers spouses and former spouses, certain relatives, current or former household members, parents of a child in common, and people in a substantive dating relationship. Since September 18, 2024, the statutory definition of abuse in Massachusetts has also included coercive control as a distinct form of abuse separate from physical violence. Coercive control refers to a pattern of behavior used to dominate, isolate, or frighten a partner.

A 209A order can be issued without prior notice to the defendant. A hearing typically follows within ten court business days, and if the order is extended at that hearing, it can remain in effect for up to one year. Understanding both tracks and how they interact matters from the start.

What Happens After a Domestic Violence Arrest in Beverly

Arrest is the preferred response under G.L. c. 209A, Section 6 when an officer has probable cause to believe a person committed a felony, a misdemeanor involving abuse, or assault and battery. For adults arrested on conduct covered by G.L. c. 276, Section 42A, bail generally can’t be granted sooner than six hours after arrest unless a judge in open court acts sooner.

At arraignment, the criminal court can impose release conditions restricting contact, travel, association, or residence. These conditions operate independently of any civil 209A order and remain enforceable unless the court modifies them. Having our attorneys prepared before that hearing can be a direct way to address those conditions at the earliest possible stage.

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Beverly Domestic Violence Cases in Salem District Court & Essex Superior Court

Beverly criminal matters, including charges under G.L. c. 265, Section 13M, are generally heard in Salem District Court. Serious felony charges are indicted by a grand jury and transferred to Essex Superior Court for trial. The Essex County District Attorney’s Office prosecutes at both levels.

For certain misdemeanor charges, a clerk magistrate hearing may precede the formal issuance of a complaint, giving a defendant the opportunity to contest the charge before an arrest appears on record. Whether that opportunity applies depends on how the case originates, and knowing what to argue at that stage can shape how the entire matter unfolds.

Speak with a Beverly Domestic Violence Lawyer Today

The decisions made in the first hours and days after an allegation have lasting effects. Gelb & Gelb LLP is available to discuss your case, explain what the charges mean, and outline how we approach domestic violence defense. Call us at (877) 867-0034 or use the contact form on our site to schedule a consultation.

Penalties & Collateral Consequences of a Conviction

Assault and battery on a family or household member under G.L. c. 265, Section 13M is a misdemeanor carrying up to two and a half years in a house of correction. Beyond incarceration, a conviction can result in the following:

Loss of firearm rights
Deportation or other immigration consequences for non-citizens
Ineligibility for certain professional licenses
A permanent criminal record affecting housing and employment

Courts generally must order completion of a certified batterer’s intervention program for a Section 13M conviction, or as a condition of a continuance without a finding, which defers judgment while the defendant completes certain requirements. A court can decline to order the program only by making specific written good-cause findings or if the program determines the defendant unsuitable. A civil 209A order can separately require firearms suspension and surrender under G.L. c. 209A, Sections 3B and 3C.

How We Investigate & Defend These Charges

We begin every case with a full review of police reports, witness statements, physical evidence, and any digital or electronic evidence connected to the charges. Text messages, social media communications, and recorded calls are increasingly central to how these cases are prosecuted, and our experience handling electronically stored information in complex litigation applies directly here.

Defense strategies vary with the facts. Available approaches can include challenging eyewitness identification, filing suppression motions where constitutional violations occurred, raising self-defense where the record supports it, and cross-examining witnesses on credibility. We prepare pleadings, argue motions, take depositions, and try cases in both state and federal court. Where expert testimony or litigation support adds value, we bring those resources in.

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We do everything possible to make sure your best interests are at the forefront of everything we do. We are honored by how many clients have placed their trust and confidence in our firm.

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In Recognition of Our Skill in the Courtroom, Our Massachusetts Lawyers Have Been Honored by the Following:

The Top 100 Lawyers in Massachusetts
The Best of the U.S.'s List of the Best Services Professionals under Family Law and Commercial Litigation
Numerous Press & Publications
AV® Rated by Martindale-Hubbell®
Avvo Rating of 10.0 Superb
Super Lawyers® List

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