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Restraining Orders Harassment Prevention
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Massachusetts General Law Chapter 209 Section
A Defines abuse as (a) attempting to cause
or causing physical harm (b) placing another
in fear of imminent serious physical harm (c)
causing another to engage involuntarily in sexual
relations by force,
threat or duress.
Civil Process with Criminal Penalties
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Family or household members are defined as
persons who (a) are or were married to one
another (b) are or were residing together in
the same household (c) are or were related by
blood or marriage (d) having a child in common
regardless of whether they have ever married or
lived together or (e) are or have been in a
substantive dating or engagement relationship,
which shall be adjudged by district, probate or
Boston municipal courts consideration of 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 elapsed
since the termination of the relationship.
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• Restraining Order is always Ex Parte
• You do not have to contact the police if you have
  been abused.
• District Court Clerks Office Victim Witness
  Advocate
• Speak with the Judge / District Attorneys Office
• Bring the Order to your local police department

• 10 days court hearing - extension
• Long term order 1 year

Temporary 209A Emergency Judicial Response 209A
-11 protection of a pet Chapter 258E Harassment
Order. Chapter 265 Section 43 - Stalking
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Chapter 258E Harassment Order This order
protects from incidents of threatening,
following, and/or coercive behavior that occurs
more than once. Three or more acts malicious
(cruel) behavior against a specific person with
the intent to cause fear, intimidation, abuse or
damage to property and that those acts actually
do cause fear, intimidation, abuse or damage to
property. OR An act that a. By force,
threat or coercion causes another person to have
sexual relations against his/her will and / or
b. Comes under one of the following
crimes Indecent assault and battery on child
under age of 14 Indecent assault and battery on
mentally retarded person Indecent assault and
battery on person fourteen or older Rape Rape
of child Rape and abuse of child Assault with
intent to commit rape Assault of child intent
to commit rape Kidnapping Stalking Criminal
harassment Drugging persons for sexual
intercourse
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• Differences between 209A / 258E
• 258E newly adjusted in 2010
• Probate and Family Court does not have
  jurisdiction to issue harassment prevention
  orders
• Applies to juvenile matters
• Do not require a plaintiff to seek relief within
  a particular time period after the last alleged
  incident of harassment
• Does not require that the plaintiff have a
  family, household or substantial dating
  relationship with the defendant
• Left the area of abuse / jurisdiction
• Harassment 2 ½ years in the HOC or 5 years in
  SP
• Abuse Prevention Order 2½ years in the HOC
• Surrender of any license to carry firearms and or
  firearms identification card which the defendant
  may hold and order the defendant to surrender all
  firearms.

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Chapter 265 Section 43 - Stalking
(a) Whoever (1) willfully and maliciously
engages in a knowing pattern of conduct or series
of acts over a period of time directed at a
specific person which seriously alarms or annoys
that person and would cause a reasonable person
to suffer substantial emotional distress, and (2)
makes a threat with the intent to place the
person in imminent fear of death or bodily
injury, shall be guilty of the crime of stalking
and shall be punished by imprisonment in the
state prison for not more than 5 years or by a
fine of not more than 1,000, or imprisonment in
the house of correction for not more than 21/2
years or by both such fine and imprisonment. The
conduct, acts or threats described in this
subsection shall include, but not be limited to,
conduct, acts or threats conducted by mail or by
use of a telephonic or telecommunication device
or electronic communication device including, but
not limited to, any device that transfers signs,
signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole
or in part by a wire, radio, electromagnetic,
photo-electronic or photo-optical system,
including, but not limited to, electronic mail,
internet communications, instant messages or
facsimile communications.
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Commonwealth v. Alphas, 430 Mass. 8 (1999). "In
order to convict a defendant under 'following'
prong of stalking statute, Commonwealth is
required to prove more than two incidents of
following." Commonwealth v. McDonald, 462 Mass.
236 (2012). Staring, without more, is not
"sinister." Under MGL c. 265, s.43A, "The act of
regularly driving on a public street, looking at
people in their driveways or on their porches, or
at their dogs and gardens, cannot alone support
conviction of a wilful and malicious act directed
at a specific person."
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