General Laws

Section 13M. 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 21/2 years or by imprisonment in the state prison for not more than 5 years. For the purposes of this section, ″family or household member″ shall be limited to persons who: (a) are married to each other or were married to each other within the 5 years preceding the date of the alleged offense; (b) are residing together in the same household or were residing together in the same household within the 5 years preceding the date of the alleged offense; (c) are related by blood; (d) have a child in common; or (e) are or have been in a substantive dating or engagement relationship within the 5 years preceding the date of the alleged offense; provided, however, that in determining that relationship, the court shall consider the following factors: (1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time that has elapsed since the termination of the relationship.