The following details the new Harassment Prevention Order
laws in Massachusetts.
CHAPTER 258E
HARASSMENT PREVENTION ORDERS
"Abuse'', attempting to cause or causing physical harm to
another or placing another in fear of imminent serious
physical harm.
"Harassment'', (i) 3 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 (ii) an act that: (A) by force, threat or
duress causes another to involuntarily engage in sexual
relations; or (B) constitutes a violation of section 13B,
13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter
265 or section 3 of chapter 272.
"Court'', the district or Boston municipal court, the
superior court or the juvenile court departments of the
trial court.
"Law officer'', any officer authorized to serve criminal
process.
"Malicious'', characterized by cruelty, hostility or
revenge.
"Protection order issued by another jurisdiction'', an
injunction or other order issued by a court of another
state, territory or possession of the United States, the
Commonwealth of Puerto Rico, or the District of Columbia, or
a tribal court that is issued for the purpose of preventing
violent or threatening acts, abuse or harassment against, or
contact or communication with or physical proximity to
another person, including temporary and final orders issued
by civil and criminal courts filed by or on behalf of a
person seeking protection.
Section 2. Proceedings under this chapter shall be filed,
heard and determined in the superior court department or the
Boston municipal court department or the respective
divisions of the juvenile or district court departments
having venue over the plaintiff's residence. The juvenile
court shall have jurisdiction over all proceedings under
this chapter in which both the plaintiff and the defendant
are under the age of 17.
Chapter 258E: Section 2. Jurisdiction
[ Text of section as amended by 2010, 112, Sec. 29 effective
May 22, 2010. For text effective until May 22, 2010, see
above.]
Section 2. Proceedings under this chapter shall be filed,
heard and determined in the superior court department or the
respective divisions of the district court department or the
Boston municipal court department having venue over the
plaintiff's residence. The juvenile court department shall
have exclusive jurisdiction of proceedings under this
chapter in which the defendant is under the age of 17. Such
proceedings shall be filed, heard and determined in the
division of the juvenile court department having venue over
the plaintiff's residence.
Section 3. (a) A person suffering from harassment may file a
complaint in the appropriate court requesting protection
from such harassment. A person may petition the court under
this chapter for an order that the defendant:
(i) refrain from abusing or harassing the plaintiff, whether
the defendant is an adult or minor;
(ii) refrain from contacting the plaintiff, unless
authorized by the court, whether the defendant is an adult
or minor;
(iii) remain away from the plaintiff's household or
workplace, whether the defendant is an adult or minor; and
(iv) pay the plaintiff monetary compensation for the losses
suffered as a direct result of the harassment; provided,
however, that compensatory damages shall include, but shall
not be limited to, loss of earnings, out-of-pocket losses
for injuries sustained or property damaged, cost of
replacement of locks, medical expenses, cost for obtaining
an unlisted phone number and reasonable attorney's fees.
(b) The court may order that information in the case record
be impounded in accordance with court rule.
(c) No filing fee shall be charged for the filing of the
complaint. The plaintiff shall not be charged for certified
copies of any orders entered by the court, or any copies of
the file reasonably required for future court action or as a
result of the loss or destruction of plaintiff's copies.
(d) Any relief granted by the court shall not extend for a
period exceeding 1 year. Every order shall, on its face,
state the time and date the order is to expire and shall
include the date and time that the matter will again be
heard. If the plaintiff appears at the court at the date and
time the order is to expire, the court shall determine
whether or not to extend the order for any additional time
reasonably necessary to protect the plaintiff or to enter a
permanent order. When the expiration date stated on the
order is on a date when the court is closed to business, the
order shall not expire until the next date that the court is
open to business. The plaintiff may appear on such next
court business day at the time designated by the order to
request that the order be extended. The court may also
extend the order upon motion of the plaintiff, for such
additional time as it deems necessary to protect the
plaintiff from harassment. The fact that harassment has not
occurred during the pendency of an order shall not, in
itself, constitute sufficient ground for denying or failing
to extend the order, or allowing an order to expire or be
vacated or for refusing to issue a new order.
(e) The court may modify its order at any subsequent time
upon motion by either party; provided, however, that the
non-moving party shall receive sufficient notice and
opportunity to be heard on said modification. When the
plaintiff's address is inaccessible to the defendant as
provided in section 10 and the defendant has filed a motion
to modify the court's order, the court shall be responsible
for notifying the plaintiff. In no event shall the court
disclose any such inaccessible address.
(f) The court shall not deny any complaint filed under this
chapter solely because it was not filed within a particular
time period after the last alleged incident of harassment.
[ Subsection (g) effective until May 22, 2010. For text
effective May 22, 2010, see below.]
(g) An action commenced under this chapter shall not
preclude any other civil or criminal remedies. A party
filing a complaint under this chapter shall be required to
disclose any prior or pending actions involving the parties.
[ Subsection (g) as amended by 2010, 112, Sec. 30 effective
May 22, 2010. For text effective until May 22, 2010, see
above.]
(g) An action commenced under this chapter shall not
preclude any other civil or criminal remedies. A party
filing a complaint under this chapter shall be required to
disclose any prior or pending actions involving the parties;
including, but not limited to, court actions, administrative
proceedings and disciplinary proceedings.
Section 4. Upon the filing of a complaint under this
chapter, a complainant shall be informed that the
proceedings hereunder are civil in nature and that
violations of orders issued hereunder are criminal in
nature. Further, a complainant shall be given information
prepared by the appropriate district attorney's office that
other criminal proceedings may be available and such
complainant shall be instructed by such district attorney's
office relative to the procedures required to initiate
criminal proceedings including, but not limited to, a
complaint for a violation of section 13B, 13F, 13H, 22, 22A,
23, 24, 24B, 26C, 43 and 43A of chapter 265 or section 3 of
chapter 272. Whenever possible, a complainant shall be
provided with such information in the complainant's native
language.
Section 5. Upon the filing of a complaint under this
chapter, the court may enter such temporary orders as it
deems necessary to protect a plaintiff from harassment,
including relief as provided in section 3.
If the plaintiff demonstrates a substantial likelihood of
immediate danger of harassment, the court may enter such
temporary relief orders without notice as it deems necessary
to protect the plaintiff from harassment and shall
immediately thereafter notify the defendant that the
temporary orders have been issued. The court shall give the
defendant an opportunity to be heard on the question of
continuing the temporary order and of granting other relief
as requested by the plaintiff not later than 10 court
business days after such orders are entered.
Notice shall be made by the appropriate law enforcement
agency as provided in section 9.
If the defendant does not appear at such subsequent hearing,
the temporary orders shall continue in effect without
further order of the court.
Section 6. When the court is closed for business or the
plaintiff is unable to appear in court because of severe
hardship due to the plaintiff's physical condition, the
court may grant relief to the plaintiff as provided under
section 5 if the plaintiff demonstrates a substantial
likelihood of immediate danger of harassment. In the
discretion of the justice, such relief may be granted and
communicated by telephone to an officer or employee of an
appropriate law enforcement agency, who shall record such
order on a form of order promulgated for such use by the
chief justice for administration and management and shall
deliver a copy of such order on the next court day to the
clerk or clerk-magistrate of the court having venue and
jurisdiction over the matter. If relief has been granted
without the filing of a complaint pursuant to this section,
the plaintiff shall appear in court on the next available
business day to file a complaint. If the plaintiff in such a
case is unable to appear in court without severe hardship
due to the plaintiff's physical condition, a representative
may appear in court, on the plaintiff's behalf and file the
requisite complaint with an affidavit setting forth the
circumstances preventing the plaintiff from appearing
personally. Notice to the plaintiff and defendant and an
opportunity for the defendant to be heard shall be given as
provided in said section 5.
Any order issued under this section and any documentation in
support thereof shall be certified on the next court day by
the clerk or clerk-magistrate of the court issuing such
order to the court having venue and jurisdiction over the
matter. Such certification to the court shall have the
effect of commencing proceedings under this chapter and
invoking the other provisions of this chapter but shall not
be deemed necessary for an emergency order issued under this
section to take effect.
Section 7. Any protection order issued by another
jurisdiction shall be given full faith and credit throughout
the commonwealth and enforced as if it were issued in the
commonwealth for as long as the order is in effect in the
issuing jurisdiction.
A person entitled to protection under a protection order
issued by another jurisdiction may file such order with the
appropriate court by filing with the court a certified copy
of such order. Such person shall swear under oath in an
affidavit, to the best of such person's knowledge, that such
order is presently in effect as written. Upon request by a
law enforcement agency, the clerk or clerk-magistrate of
such court shall provide a certified copy of the protection
order issued by the other jurisdiction.
A law officer may presume the validity of, and enforce in
accordance with section 8, a copy of a protection order
issued by another jurisdiction which has been provided to
the law officer by any source; provided, however, that the
officer is also provided with a statement by the person
protected by the order that such order remains in effect.
Law officers may rely on such statement by the person
protected by such order.
Section 8. Whenever a law officer has reason to believe that
a person has been abused or harassed or is in danger of
being abused or harassed, such officer shall use all
reasonable means to prevent further abuse or harassment. Law
officers shall make every effort to do the following as part
of the emergency response:
(i) assess the immediate physical danger to the victim and
provide assistance reasonably intended to mitigate the
safety risk;
(ii) if there is observable injury to the victim or if the
victim is complaining of injury, encourage the victim to
seek medical attention and arrange for medical assistance or
request an ambulance for transport to a hospital;
(iii) if a sexual assault has occurred, notify the victim
that there are time-sensitive medical or forensic options
that may be available, encourage the victim to seek medical
attention and arrange for medical assistance or request an
ambulance for transport to a hospital;
(iv) provide the victim with referrals to local resources
that may assist the victim in locating and getting to a safe
place; and
(v) provide adequate notice to the victim of his rights
including, but not limited to, obtaining a harassment
prevention order.
Chapter 258E: Section 8. Law officer emergency response to
prevent further abuse or harassment
[ Text of section as amended by 2010, 112, Sec. 31 effective
May 22, 2010. For text effective until May 22, 2010, see
above.]
Section 8. Whenever a law officer has reason to believe that
a person has been abused or harassed or is in danger of
being abused or harassed, such officer shall use all
reasonable means to prevent further abuse or harassment. Law
officers shall make every reasonable effort to do the
following as part of the emergency response:
(1) assess the immediate physical danger to the victim and
provide assistance reasonably intended to mitigate the
safety risk;
(2) if there is observable injury to the victim or if the
victim is complaining of injury, encourage the victim to
seek medical attention and arrange for medical assistance or
request an ambulance for transport to a hospital;
(3) if a sexual assault has occurred, notify the victim that
there are time-sensitive medical or forensic options that
may be available, encourage the victim to seek medical
attention and arrange for medical assistance or request an
ambulance for transport to a hospital;
(4) provide the victim with referrals to local resources
that may assist the victim in locating and getting to a safe
place;
(5) provide adequate notice to the victim of the victim's
rights including, but not limited to, obtaining a harassment
prevention order; provided, however, that the notice shall
consist of providing the victim with a copy of the following
statement before the officer leaves the scene or premises
and after reading the statement to the victim; provided
further, that if the victim's native language is not
English, the statement shall be then provided in the
victim's native language whenever possible:
"You have the right to appear at the Superior, Juvenile
(only if the attacker is under 17), District or Boston
Municipal Court, if you reside within the appropriate
jurisdiction, and file a complaint requesting any of the
following applicable orders: (i) an order restraining your
attacker from harassing or abusing you; (ii) an order
directing your attacker to refrain from contacting you;
(iii) an order directing your attacker to stay away from
your home and your workplace; (iv) an order directing your
attacker to pay you for losses suffered as a result of the
harassment or abuse, including loss of earnings,
out-of-pocket losses for injuries sustained or property
damaged, costs of replacement of locks, medical expenses,
cost for obtaining an unlisted phone number, and reasonable
attorneys' fees.
For an emergency on weekends, holidays or weeknights, the
police will assist you in activating the emergency response
system so that you may file a complaint and request a
harassment prevention order.
You have the right to go to the appropriate court and apply
for a criminal complaint for sexual assault, threats,
criminal stalking, criminal harassment, assault and battery,
assault with a deadly weapon, assault with intent to kill or
other related offenses.
If you are in need of medical treatment, you have the right
to request that an officer present drive you to the nearest
hospital or otherwise assist you in obtaining medical
treatment.
If you believe that police protection is needed for your
physical safety, you have the right to request that the
officer present remain at the scene until you can leave or
until your safety is otherwise ensured. You may also request
that the officer assist you in locating and taking you to a
safe place including, but not limited to, a designated
meeting place for a shelter or a family member's or a
friend's residence or a similar place of safety.
You may request and obtain a copy of the police incident
report at no cost from the police department.'';
(6) assist the victim by activating the emergency judicial
system when the court is closed for business;
(7) inform the victim that the abuser will be eligible for
bail and may be promptly released; and
(8) arrest any person that a law officer witnessed or has
probable cause to believe violated a temporary or permanent
vacate, restraining, stay-away or no-contact order or
judgment issued under this chapter or similar protection
order issued by another jurisdiction; provided, however,
that if there are no vacate, restraining, stay-away or
no-contact orders or judgments in effect, arresting the
person shall be the preferred response if the law officer
witnessed or has probable cause to believe that a person: (i)
has committed a felony; (ii) has committed a misdemeanor
involving harassment or abuse as defined in section 1; or
(iii) has committed an assault and battery in violation of
section 13A of chapter 265; provided further, that the
safety of the victim shall be paramount in any decision to
arrest; and provided further, that if a law officer arrests
both parties, the law officer shall submit a detailed,
written report in addition to an incident report, setting
forth the grounds for arresting both parties.
No law officer shall be held liable in a civil action for
personal injury or property damage brought by a party to an
incident of abuse or for an arrest based on probable cause
when such officer acted reasonably and in good faith and in
compliance with this chapter.
Whenever a law officer investigates an incident of
harassment, the officer shall immediately file a written
incident report in accordance with the standards of the law
officer's law enforcement agency and, wherever possible, in
the form of the National Incident-Based Reporting System, as
defined by the Federal Bureau of Investigation. The latter
information may be submitted voluntarily by the local police
on a monthly basis to the crime reporting unit of the state
police crime reporting unit established in section 32 of
chapter 22C.
The victim shall be provided with a copy of the full
incident report at no cost upon request to the appropriate
law enforcement department.
When a judge or other person authorized to take bail bails
any person arrested under this chapter, reasonable efforts
shall be made to inform the victim of such release prior to
or at the time of the release. When any person charged with
or arrested for a crime involving harassment under this
chapter is released from custody, the court or the emergency
response judge shall issue, upon the request of the victim,
a written no-contact order or stay-away order prohibiting
the person charged or arrested from having any contact with
the victim and shall use all reasonable means to notify the
victim immediately of release from custody. The victim shall
be provided, at no cost, with a certified copy of the
no-contact or stay-away order.
Section 9. When considering a complaint filed under this
chapter, the court shall order a review of the records
contained within the court activity record information
system and the statewide domestic violence recordkeeping
system, as provided in chapter 188 of the acts of 1992 and
maintained by the commissioner of probation, and shall
review the resulting data to determine whether the named
defendant has a civil or criminal record involving violent
crimes or abuse. Upon receipt of information that an
outstanding warrant exists against the named defendant, a
judge shall order that the appropriate law enforcement
officials be notified and shall order that any information
regarding the defendant's most recent whereabouts shall be
forwarded to such officials. In all instances in which an
outstanding warrant exists, the court shall make a finding,
based upon all of the circumstances, as to whether an
imminent threat of bodily injury exists to the petitioner.
In all instances in which such an imminent threat of bodily
injury is found to exist, the judge shall notify the
appropriate law enforcement officials of such finding and
such officials shall take all necessary actions to execute
any such outstanding warrant as soon as is practicable.
Whenever the court orders that the defendant refrain from
harassing the plaintiff or have no contact with the
plaintiff under section 3, 5 or 6, the clerk or
clerk-magistrate shall transmit: (i) to the office of the
commissioner of probation information for filing in the
court activity record information system or the statewide
domestic violence recordkeeping system as provided in said
chapter 188 of the acts of 1992 or in a recordkeeping system
created by the commissioner of probation to record the
issuance of, or violation of, prevention orders issued
pursuant to this chapter; and (ii) 2 certified copies of
each such order and 1 copy of the complaint and summons
forthwith to the appropriate law enforcement agency which,
unless otherwise ordered by the court, shall serve 1 copy of
each order upon the defendant, together with a copy of the
complaint and order and summons. The law enforcement agency
shall promptly make its return of service to the court. The
commissioner of probation may develop and implement a
statewide harassment prevention order recordkeeping system.
Law officers shall use every reasonable means to enforce
such harassment prevention orders. Law enforcement agencies
shall establish procedures adequate to ensure that an
officer on the scene of an alleged violation of such order
may be informed of the existence and terms of such order.
The court shall notify the appropriate law enforcement
agency in writing whenever any such order is vacated and
shall direct the agency to destroy all record of such
vacated order and such agency shall comply with that
directive.
Each harassment prevention order issued shall contain the
following statement:
VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.
Any violation of such order or a protection order issued by
another jurisdiction shall be punishable by a fine of not
more than $5,000, or by imprisonment for not more than 21/2
years in a house of correction, or both. In addition to, but
not in lieu of, the foregoing penalties and any other
sentence, fee or assessment, including the victim witness
assessment in section 8 of chapter 258B, the court shall
order persons convicted of a violation of such an order to
pay a fine of $25 that shall be transmitted to the treasurer
for deposit into the General Fund. For any violation of such
order, the court may order the defendant to complete an
appropriate treatment program based on the offense.
In each instance in which there is a violation of a
harassment prevention order or a protection order issued by
another jurisdiction, the court may order the defendant to
pay the plaintiff for all damages including, but not limited
to, loss of earnings, out-of-pocket losses for injuries
sustained or property damaged, cost of replacement locks,
medical expenses, cost for obtaining an unlisted telephone
number and reasonable attorney's fees.
Any such violation may be enforced by the court. Criminal
remedies provided herein are not exclusive and do not
preclude any other available civil or criminal remedies. The
court may enforce by civil contempt procedure a violation of
its own court order.
Section 8 of chapter 136 shall not apply to any order,
complaint or summons issued pursuant to this section.
Section 10. The records of cases arising out of an action
brought under this chapter in which the plaintiff or
defendant is a minor shall be withheld from public
inspection except by order of the court; provided, however,
that such records shall be open, at all reasonable times, to
the inspection of the minor, such minor's parent, guardian
and attorney and to the plaintiff and the plaintiff's
attorney.
The plaintiff's residential address, residential telephone
number and workplace name, address and telephone number,
contained within the court records of cases arising out of
an action brought by a plaintiff under this chapter, shall
be confidential and withheld from public inspection, except
by order of the court; provided, however, that the
plaintiff's residential address and workplace address shall
appear on the court order and be accessible to the defendant
and the defendant's attorney unless the plaintiff
specifically requests that this information be withheld from
the order. All confidential portions of the records shall be
accessible at all reasonable times to the plaintiff and
plaintiff's attorney, to others specifically authorized by
the plaintiff to obtain such information and to prosecutors,
victim-witness advocates as defined in section 1 of chapter
258B, sexual assault counselors as defined in section 20J of
chapter 233 and law officers, if such access is necessary in
the performance of their duties. This paragraph shall apply
to any protection order issued by another jurisdiction filed
with a court of the commonwealth pursuant to section 7. Such
confidential portions of the court records shall not be
deemed to be public records under clause Twenty-sixth of
section 7 of chapter 4.
Section 11. The chief justice for administration and
management shall adopt a form of complaint for use under
this chapter which shall be in such form and language to
permit a plaintiff to prepare and file such complaint pro
se.
Section 12. The court shall impose an assessment of $350
against any person who has been referred to a treatment
program as a condition of probation. Such assessment shall
be in addition to the cost of the treatment program. In the
discretion of the court, such assessment may be reduced or
waived if the court finds that such person is indigent or
that payment of the assessment would cause the person, or
the dependents of such person, severe financial hardship.
Assessments made pursuant to this section shall be in
addition to any other fines, assessments or restitution
imposed in any disposition. All funds collected by the court
pursuant to this section shall be transmitted monthly to the
state treasurer, who shall deposit such funds into the
General Fund.
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