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…more
You may be able to obtain an Abuse Prevention Order, also called a 209A order, if you have been abused. The law in Massachusetts defines abuse as: (1) causing or attempting to cause physical harm, (2) placing another in fear of imminent serious physical harm, or (3) causing another to engage involuntarily in sexual relations by force, threat of force, or duress. Abuse Prevention Orders can be obtained against a family or household member who is either a (1) spouse, (2) former spouse, (3) blood relative or relative by marriage, (4) current or former household member, (5) someone with whom you have had a significant dating relationship or (6) someone that you have a child in common regardless of whether you were ever married or lived together. …more
Violation of Abuse Prevention Order
A person is guilty of violating an abuse prevention order if the Commonwealth can prove four elements, beyond a reasonable doubt:
- (1) That a court had issued an order pursuant to chapter 209A of our General Laws, which order a defendant:
- To refrain from abusing the plaintiff
- To refrain from contacting the plaintiff, directly or indirectly, unless authorized by a court;
- To stay a particular distance away from the person who requested the order or that person’s child;
- To vacate and remain away from the household or multiple family dwelling the plaintiff; or
- To remain away from the workplace of the plaintiff more…