A Massachusetts Harassment Order or 258e is a civil order with criminal penalties. You NEED to speak with a Massachusetts Harassment Order Lawyer immediately if you receive an order. 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. Judge may issue a harassment order for up to one year. It may be permanent after a year. Violations of a Massachusetts harassment order may result in arrest, jail, fines or probation.
What is malice?
A judge may issue a 258e order if there are three or more acts of malicious behavior. Massachusetts courts define malicious behavior or harassment as acts that are;
- 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.
Violation of a Harassment Order Victory
Somerville District Court – Client was charged with Violation of a 258E Order after she had called her one time boyfriend after being served with a Harassment Order. Client admitted to the police that she had called him after she was served with valid order. Pre-Trial Probation for 6 Months.
Massachusetts Harassment Order Law
To apply for a harassment order in Massachusetts one must go to the courthouse and complete a written application. The application for a consists of an affidavit. An affidavit is a sworn statement. Then, there is an ex-parte (one sided) hearing. After reviewing the application the judge may issue a temporary order for up to ten days. A temporary order is valid until the hearing. Finally, a two party hearing is scheduled.
Massachusetts 258E Order Hearing
After the ten day temporary order there is two party hearing. A judge can extend the order for up to one year. A judge conducts the hearing. Both sides may offer evidence and question each other and offer argument.
What to do if you been served with a 258E 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 an experienced attorney.
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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