Law Office of Alan David Meyerson
Boston, Massachusetts 258E Harassment Prevention Order Defense Lawyer
Conveniently Located in the Heart of Downtown Boston near Faneuil Hall
Give Us a Call (617) 444-9525
If you have been served with a G.L. c. 258E Harassment Prevention Order, you must act immediately to protect and preserve your rights.
G.L. c. 258E is a very powerful law that significantly changed the scope of restraining orders in Massachusetts. Previously, under G.L. c. 209A, a restraining order was only available if the relationship between the parties to the order fell into particular, relationship-dependent categories. Put simply, 209A restraining orders were generally only available among family members, roommates/household members and dating partners.
In 2010, the Legislature enacted c. 258E to close what was considered by many to be a loop-hole in c. 209A: under c. 258E, a restraining order was now available against any person. Restraining orders can now be had against neighbors, co-workers, and even police officers or other officials. The law, by its terms, sets no limits on the parties to a 258E harassment prevention order.
Given the profound change worked by G.L. c. 258E to the availability of restraining orders, the Legislature wrote into the law a stricter and narrower standard for their issuance as opposed to c. 209A restraining orders. This means that 258E Harassment Prevention Orders are more easily defended than 209A Abuse Prevention Orders.
Specifically, for a 258E Order to survive, a person seeking the Order (commonly called the "258E Plaintiff") must prove that he/she is the victim of "harassment." Harassment, in turn, is defined by the statute as:
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.
This standard is stricter and narrower than the 209A standard in a number of important ways. Nevertheless, the intricacies of the law are still complex and the stricter standard alone will not prevent a 258E plaintiff from taking out a 258E Order against you for illegitimate or frivolous reasons, or even with malicious intent.
When you are served with a G.L. c. 258E Harassment Prevention Order, you must act to protect your rights in court. The Law Office of Alan David Meyerson can help. Call (617) 444-9525 to speak with a 258E Harassment Prevention Order defense attorney.
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Contact this office for a free telephone consultation with a Chapter 258E Harassment Prevention Order defense lawyer. Do not go into court alone - have an attorney by your side.
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