A Harassment Prevention Order, also known as a 258E, is similar to a 209A abuse prevention order. Victims of sexual assault or stalking should request a harassment prevention order for protection. The law in Massachusetts defines harassment as: (1) “Three or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property, or
(2) An act that: (a) by force, threat or duress causes another to involuntarily engage in sexual relations;” or (b) constitutes a violation of several specific criminal statutes.
However, it is only necessary that the fact finder looks to the cumulative pattern of harassment, and therefore the plaintiff does not need to show that each act in fact caused fear, intimidation, abuse, or damage to property. The plaintiff will need to establish that each act was intended to cause fear of physical harm or fear of physical damage to property. Be advised, that all harassment prevention orders expire after ten days. You will have to go back to court if you need for the order to be extended.
Violating a Harassment Protective Order can result in a serious consequence. There are times when a violation can subject the defendant to up to two and a half years in jail and up to a $5000 fine. If you or a family member have been the subject of harassment, or the subject of a Harassment Prevention Order, it is imperative that you speak with an experienced criminal defense attorney. Call Attorney Vincent A. Tofani at 617.886.0500 x1018 to schedule your free consultation.
One Constitution Center
Boston, MA 02129
Attorney Vincent Tofani
Phone: (617) 886-0500