Harassment Order

Understanding the 258E Harassment Prevention Order

A Massachusetts Harassment Prevention Order, or 258E order, is a civil measure designed to protect individuals from harassment, stalking, or sexual assault, with serious legal and personal implications. Contesting such a Harassment Order is crucial if unjustified, as violations can lead to criminal charges, fines up to $5,000, imprisonment for up to two and a half years, and mandatory treatment programs.

The 258E Harassment Prevention Order is a civil order designed to protect individuals from harassment, stalking, or sexual assault in Massachusetts. Unlike 209A Restraining Orders, 258E orders do not require a familial, romantic, or domestic relationship between the plaintiff and defendant.

 To obtain a 258E order, the plaintiff must demonstrate they have experienced three or more incidents of harassment, or certain crimes like sexual assault or stalking. The harassment order can prohibit the defendant from abusing or harassing the plaintiff, contacting them, or approaching their home or workplace. Judges can issue these orders without the defendant’s presence in emergencies, but a court hearing must be scheduled within 10 days where the defendant has the right to contest the order. 

Violations of a harassment orders are criminal offenses, potentially resulting in fines, imprisonment, and mandatory participation in treatment programs.

Legal Consequences of 258E Order

A 258E Harassment Prevention Order in Massachusetts carries significant legal consequences that can severely impact various aspects of the defendant’s life. While the order itself is civil in nature, violating its terms constitutes a criminal offense with potentially severe penalties.The primary legal consequence of violating a 258E order is criminal prosecution. If found guilty, the defendant may face:

• A fine of up to $5,000
• Imprisonment in the House of Corrections for up to two and a half years
• Both a fine and imprisonment

Additionally, anyone convicted of violating a harassment order is subject to a mandatory $25 fine. The court may also impose further requirements:

• Completion of an appropriate treatment program
• Compensation to the plaintiff for damages resulting from the violation
• A $350 fee for those ordered to participate in a treatment program as part of their probation

It’s crucial to understand that any contact between the plaintiff and defendant, even if initiated by the plaintiff, can be considered a violation of the harassment order. This includes direct contact as well as indirect contact through third parties, letters, emails, phone calls, gifts, or social media.The issuance of a 258E order can have long-lasting effects on the defendant’s life, potentially impacting:

• Employment opportunities, especially in fields requiring background checks
• Housing applications
• Child custody arrangements
• Firearm ownership rights
• Immigration status

Given these serious consequences, it’s essential for anyone subject to a 258E order to fully understand its terms and comply strictly with them. Even unintentional violations can result in criminal charges. If faced with a 258E harassment order, seeking legal counsel from an attorney experienced in harassment prevention orders is highly advisable to navigate the complexities of the legal process and protect one’s rights.

Eligibility Criteria Comparison

The eligibility criteria for obtaining a 209A Abuse Prevention Order and a 258E Harassment Prevention Order in Massachusetts differ significantly, reflecting their distinct purposes and scopes:

209A Abuse Prevention Order Eligibility:

• Relationship Requirement: The plaintiff must have a specific relationship with the defendant. Eligible relationships include:
  • Current or former spouse
  • Household member (current or former)
  • Person related by blood or marriage
  • Parent of the plaintiff’s child
  • Person in a substantive dating or engagement relationship
• Abuse Criteria: The plaintiff must demonstrate they are suffering from abuse, which is defined as:
  • Attempting to cause or causing physical harm
  • Placing another in fear of imminent serious physical harm
  • Causing another to engage involuntarily in sexual relations by force, threat, or duress

258E Harassment Order Eligibility:

• No Relationship Requirement: Unlike 209A orders, 258E orders can be sought against anyone, including strangers, coworkers, or neighbors.
• Harassment Criteria: The plaintiff must prove they have experienced harassment, defined as:
  • Three or more acts of willful and malicious conduct aimed at a specific person with the intent to cause fear, intimidation, abuse, or property damage
    • Must be “true threat” one that involves a threat to do bodily harm or damage to property or “fighting words”
    • Must be three seperate incidents.
    • A single act of certain serious offenses such as:
      • Forced sexual relations
      • Sexual assault
      • Stalking
      • Other criminal conduct that creates a reasonable fear of serious harm
• Legal Standard: The harassment must meet the definition of “true threats” or “fighting words” as per Massachusetts courts. This excludes speech protected by the First Amendment.

Understanding these eligibility criteria is crucial for individuals seeking protection, as it determines which type of order they should pursue based on their specific circumstances. It also highlights the broader applicability of 258E orders in addressing harassment situations that may not fit the traditional domestic violence paradigm covered by 209A orders.

209A vs. 258E: Key Differences

The key differences between 209A and 258E harassment order orders in Massachusetts are:

1. Scope and Applicability:

• 209A orders (Abuse Prevention Orders) are specifically for domestic violence situations involving family or household members.
• 258E orders (Harassment Prevention Orders) have a broader scope and can be issued against anyone, including strangers.

2. Relationship Requirements:

• 209A orders require a specific relationship between the parties, such as family members, household members, or those in a substantive dating relationship.
• 258E orders do not require any specific relationship between the plaintiff and defendant.

3. Eligibility Criteria:

• For a 209A order, the applicant must show they were physically abused, threatened with physical harm, or forced into sexual relations.
• For a 258E order, the applicant must demonstrate three or more acts of willful and malicious conduct aimed at causing fear, intimidation, abuse, or property damage. Alternatively, a single act of certain serious offenses like sexual assault or stalking can qualify.

4. Issuing Courts:

• 209A orders can be issued by the Probate and Family Court, in addition to other courts.
• 258E Massachusetts harassment orders cannot be issued by the Probate and Family Court, but can be obtained from the Boston Municipal Court, District Court, Superior Court, or Juvenile Court.

5. Firearms Provisions:

• 209A orders include provisions for the surrender of firearms and firearm licenses.
• 258E harassment orders do not have the authority to order the surrender of firearms.

6. Intent and Purpose:

• 209A orders focus on protecting individuals from domestic abuse and violence within familial or intimate relationships.
• 258E orders are designed to address a broader range of harassing behaviors, including those from non-family members or strangers.

Despite these differences, both types of orders carry serious legal consequences if violated, including potential criminal charges, fines, and imprisonment. It’s crucial for individuals subject to either type of order to fully understand and comply with its terms to avoid legal repercussions.

Appealing a Massachusetts Harassment Order

Appealing a Harassment Prevention Order in Massachusetts involves a specific legal process that must be followed carefully. Here are the key aspects of appealing a 258E Harassment Order:

1. Filing Deadline: The appeal must be filed within 30 days of the judge’s decision to issue the harassment prevention order. This timeframe is critical, and missing it may result in losing the right to appeal.
2. Notice of Appeal: To initiate the appeal process, the defendant must file a Notice of Appeal with the clerk’s office of the court that issued the original order. This document formally notifies the court and other parties of the intent to appeal.
3. Grounds for Appeal: Common grounds for appealing a harassment prevention order include:
   • Insufficient evidence to support the order
   • Procedural errors during the initial hearing
   • Misapplication of the law by the judge
4. Legal Representation: While not mandatory, having an experienced attorney is highly recommended when appealing a harassment prevention order. An attorney can help navigate the complex legal process, ensure all necessary documents are filed correctly and on time, and present the strongest possible case for appeal.
5. Appellate Court Review: The appellate court will review the case based on the record from the lower court. They typically do not consider new evidence but instead focus on whether the law was applied correctly and if there were any procedural errors.
6. Standard of Review: The appellate court generally gives deference to the lower court’s factual findings unless they are clearly erroneous. However, they review questions of law de novo (anew).
7. Possible Outcomes: The appellate court may:
   • Affirm the original order
   • Reverse the order entirely
   • Modify the order
   • Remand the case back to the lower court for further proceedings
8. Stay of Order: Filing an appeal does not automatically stay (pause) the enforcement of the harassment prevention order. The order remains in effect unless the court specifically grants a stay.
9. Costs: Appealing a harassment prevention order involves costs, including filing fees and potentially attorney fees. In some cases, the court may waive fees for those who cannot afford them.
10. Burden of Proof: On appeal, the burden is on the appellant (the person appealing) to demonstrate that the lower court made an error that warrants reversal or modification of the order.

It’s important to note that appealing a harassment prevention order can be a complex and time-consuming process. The success of an appeal often depends on the specific circumstances of the case and the strength of the legal arguments presented. Therefore, seeking the guidance of an experienced attorney who can evaluate the merits of the appeal and develop a strong legal strategy is highly advisable

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Frequently Asked Questions About Harassment Orders

Patrick T. Donovan, Esq., is a dedicated Massachusetts criminal defense attorney who fiercely strives to achieve the best results for all clients.

Related Links

Massachusetts Restraining Order FAQS