You can ask for a Harassment Prevention Order (a "258E Order) from a judge if you’re suffering from harassment because someone has committed 3 or more acts:

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• That were willful and malicious. This means it was done on purpose and was done for cruelty, hostility or revenge

• Were aimed at you.

• Were intended to cause you fear, intimidation, abuse, or damage to property. “Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.

• Did in fact cause you fear, intimidation, abuse or damage to property

or

• Someone has forced you to have sex or threatened you into having sex at least once

or

• Someone has committed 1 of these crimes against you at least once:

  • Indecent assault and battery

  • Rape

  • Statutory rape

  • Assault with intent to rape

  • Enticement of a child

  • Criminal stalking

  • Criminal harassment

  • Drugging for sexual intercourse

 

A harassment prevention order can be applied for and granted during regular business hours or by an on-call Judge after hours. In either scenario the plaintiff (person seeking the order) appears before a judge and swears an affidavit putting forth the reasons that support the request for the order.

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When the order issues the respondent (person against whom order is sought) has an absolute right to a two-party hearing. It is at this hearing they can argue against this order and submit evidence on their behalf explain why the order shouldn’t issue. This is often the only opportunity to tell your side of the story.

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If the respondent does not appear to contest the order it will be granted the vast majority of the time. The order can and often does grant temporary custody of minor children and can also set a temporary monetary value of support.

If you or a loved one has had a restraining order filed against them call Attorney Michael Bradley to protect your rights (617) 602-5039.