Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 13M (2026)

Assault or assault and battery on a family or household member; second or subsequent offense; penalty

✓ current as of July 2026

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Section 13M. (a) Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or both such fine and imprisonment.

(b) Whoever is convicted of a second or subsequent offense of assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by imprisonment in the state prison for not more than 5 years.

(c) For the purposes of this section, ''family or household member'' shall mean persons who (i) are or were married to one another, (ii) have a child in common regardless of whether they have ever married or lived together or (iii) are or have been in a substantive dating or engagement relationship; provided, that the trier of fact shall determine whether a relationship is substantive by considering the following factors: the length of time of the relationship; the type of relationship; the frequency of interaction between the parties; whether the relationship was terminated by either person; and the length of time elapsed since the termination of the relationship.

(d) For any violation of this section, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention.

Notes of Decisions

Cited in 91 cases (57 in the last 5 years), 2015–2026 · leading case: Commonwealth v. Gordon, 87 Mass. App. Ct. 322 (Mass. App. Ct. 2015).

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Commonwealth v. Gordon, 87 Mass. App. Ct. 322 (Mass. App. Ct. 2015). · cites it 2× “260, § 23, amending G. L. c. 265, § 13M, and strangulation or suffocation, St.”

Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). “We are unaware of any crimes that have as an element "abuse" as defined in c.”

Commonwealth v. Wilson, 113 N.E.3d 902 (Mass. App. Ct. 2018). · cites it 2× “, appeals from his conviction of assault and battery on a family or household member, G. L. c. 265, § 13M, following a jury-waived trial in the District Court.”

Commonwealth v. DiBenedetto, 118 N.E.3d 151 (Mass. App. Ct. 2019). “Concluding that the rule does apply -- and that the judge should have accepted the original verdict instead of sending the jurors out to continue deliberations, resulting in a second guilty verdict -- we affirm the defendant's conviction in the District Court of assault and…”

Commonwealth v. Dossantos, 33 N.E.3d 405 (Mass. 2015). “A criminal complaint issued from the Framingham Division of the District Court Department charging the defendant with one count of assault and battery on a family or household member in violation of G. L. c. 265, § 13M (a).* 2 Upon arraignment, a District Court judge released…”

Commonwealth v. Morales, 473 Mass. 1019 (Mass. 2016). “At his arraignment on the new charge — assault and battery of a family or household member, G. L. c. 265, § 13M (a) — the Commonwealth filed a motion to revoke the defendant’s bail or recognizance in the larceny matter pursuant to *1020 G.”

Commonwealth v. Dustin (Mass. 2016). · cites it 8× “" After a jury trial, the defendant, Donald Dustin, was convicted in the Marlborough Division of the District Court Department of assault and battery on a family or household member, in violation of G. L. c. 265, § 13M (a).1 We granted the defendant's application for direct…”

Commonwealth v. Bates, 104 N.E.3d 686 (Mass. App. Ct. 2018). “Bates, appeals from his conviction in the District Court of assault and battery on a family or household member, pursuant to G. L. c. 265, § 13M( a ). The defendant pursues two arguments on appeal: (1) the trial judge erred in allowing evidence of the defendant's prior bad acts,…”

Commonwealth v. Snow, 103 N.E.3d 765 (Mass. App. Ct. 2018). · cites it 4× “268, § 13B (count 2); assault and battery on a household member, G. L. c. 265, § 13M (count 3); and resisting arrest, G.”

Commonwealth v. Theodore Hancock, Jr. (Mass. App. Ct. 2025). · cites it 4× “The defendant argues that a substantial risk of a miscarriage of justice arose because the instruction on determining proof of a substantive dating relationship omitted one of the statutory factors, "whether the relationship was terminated by either person," G. L. c. 265, § 13M,…”

Commonwealth v. Fontanez, 473 Mass. 1021 (Mass. 2016). “The defendant subsequently was arraigned, in April, 2015, on a new charge, assault and battery of a family or household member, G. L. c. 265, § 13M (a). At his arraignment, the Commonwealth filed a motion to revoke the defendant’s bail in the District Court matters.”

Commonwealth v. Campbell, 94 N.E.3d 437 (Mass. App. Ct. 2017). · cites it 3× “Campbell, was convicted of assault and battery on a family or household member, in violation of G. L. c. 265, § 13M( a ). On appeal, the defendant argues that the Commonwealth provided insufficient evidence of a substantive dating relationship, and claims that the…”

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