A Massachusetts Harassment Order, or 258e order, is a civil order with criminal penalties. Massachusetts judges issue harassment prevention orders to stop harassing contact. Harassment prevention orders can order someone to have no contact, to stay away, to not abuse, and potentially pay money. The judge may issue a harassment order for up to one year. Also, it may become permanent after one year. Finally, violations of a harassment order may result in arrest, jail, fines, or probation.
Massachusetts Harassment Order Requirements
A harassment order, or a 258e order, can be issued if there are three or more acts of malicious or behavior. To clarify Malicious acts must be;
- directed 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.
Harassment Order Law Explained
First, to apply for a 258e order in Massachusetts one must go to the courthouse and complete a written application. Also, the application requires an affidavit. An affidavit is a sworn statement, signed under the pains and penalty of perjury. Then, after reviewing the application the judge may issue a temporary order for up to ten days. Finally, a two-party hearing is scheduled for a date ten days in the future.
Massachusetts 258E Order Hearing
After the ten-day temporary order, there is a two-party hearing. A judge can extend the order for up to one year. A judge conducts the hearing. Also, either side may offer evidence and question each other and each side can present their argument.
What to do if you get Harassment Order?
- Stay Calm–Until the hearing, there is nothing you can do.
- Live by the order, if told to stay away stay away
- Avoid all third party contact and social media
- Avoid all contact–Don’t run into the person in town, if see the person in a store leave.
- Contact a Massachusetts Harassment Order Lawyer.
Massachusetts Harassment Order Lawyer
Attorney Patrick T. Donovan, is a Massachusetts Criminal Attorney who has represented clients who have been served with Massachusetts Harassment prevention orders or 258e orders in Boston and throughout the state of Massachusetts. Attorney Patrick Donovan aggressively pursues the best possible outcome for each and every one of our clients.
Call the Law Office of Patrick T. Donovan today for your free initial consultation at (617) 479- 1800.
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