Massachusetts Harassment Orders are found in M.G.L. c 258e. Anyone subjected to harassment can get a protective order. Harassment prevention orders require someone to stay away and have no contact with someone else. Orders can last up to one year and become permanent after one year.
Harassment prevention orders are almost identical to 209a abuse prevention orders. Like an abuse prevention order, an HPO is a civil order with criminal penalties. Any violation of an HPO is a criminal violation punishable by jail time, probation, and fines. Harassment prevention orders are entirely different than criminal harassment.
HPOs closely resemble 209a abuse prevention orders, functioning as civil orders with criminal consequences. Violating an HPO may result in criminal charges, leading to imprisonment, probation, and fines. It is important to note that HPOs differ significantly from criminal harassment.
Harassment Prevention Order Statute
The Harassment Prevention Order statute requires three or more acts of willful and malicious conduct directed at a specific person and intended to cause abuse, intimidation, fear, or damage to property. Also, it did in fact cause fear, intimidation, abuse, or damage to property.
Harassment Prevention Orders Explained
Harassment Prevention Orders (HPOs) are distinct from criminal harassment and have different legal consequences. Violating an HPO can result in criminal charges, leading to imprisonment, probation, and fines. The Harassment Prevention Order statute in Massachusetts requires three or more willful and malicious acts directed at a specific person, intending to cause abuse, intimidation, fear, or property damage, which has actually caused such harm. The definition of harassment in Massachusetts courts, as per Chapter 258e enacted in 2010, is limited to speech that is not protected by the First Amendment, specifically encompassing true threats or fighting words.
Fighting words are personal insults that are so offensive that they are likely to provoke a violent reaction. Not every insult is a fighting word. The Supreme Court has said that “fighting words” are words that are so personally abusive that they are likely to provoke a violent reaction. Speech that is annoying or vulgar on its own does make them “fighting words.” The Massachusetts Supreme Judicial Court has said in order to be fighting words the words must essentially be a face-to-face personal insult.
A true threat is when someone threatens another person or group with the intention of making them fear for their safety. A true threat must threaten physical harm or damage to property. Threats to do anything else are not true threats.
To obtain a 258e harassment prevention order, three distinct instances of harassment are required. It is not possible to divide a single act to meet this requirement. Moreover, if incidents happen closely together, they are treated as a continuous act of harassment. Lastly, there is no specified time interval that must separate the acts.
Who can get an HPO in Mass?
Anyone who is experiencing harassment, regardless of their relationship with the harasser, can obtain a Harassment Prevention Order (HPO) in Massachusetts. Unlike the traditional 209A abuse prevention order, which is limited to family or household members, or dating relationships, the harassment prevention order is available to individuals who are being harassed by anyone.
Can You Expunge a Harassment Prevention Order?
If there is clear and convincing evidence that a harassment prevention order (258e) was fraudulently obtained, judges have the authority to completely expunge it. Judges have the authority to completely expunge a 258e harassment prevention order if there is clear and convincing evidence that the order was fraudulently obtained.
Harassment Prevention Order Penalties
Violating a Harassment Prevention Order can result in a maximum fine of $5,000, imprisonment for up to 2 1/2 years in a house of correction, or both. Additional fees and fines may be ordered by the courts. The judge may also require the defendant to compensate the plaintiff for damages, including attorney’s fees.
Massachusetts Harassment Order Lawyer
Patrick T. Donovan, Esq., is a dedicated Massachusetts criminal defense attorney who fiercely strives to achieve the most favorable results for all of our valued clients.
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Call the Law Office of Patrick T. Donovan today for your free initial consultation at (617) 479- 1800.
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