The District and Boston Municipal Courts, Superior Court and Juvenile Court have the authority to issue Chapter 258E Harassment Prevention Orders.
The plaintiff applying for a Chapter 258E Harassment Prevention Order must show a pattern of abuse or harassment that consists of at least three acts of willful and malicious conduct aimed by the defendant and committed with the intent to cause fear, intimidation, abuse or property damage.
We certainly have an inclination for certain ruin when left to our own devices in the world of dating.
The father, after instructing Compton and his daughter to end the relationship, was issued a restraining order against Mr.
The procedure for obtaining a Harassment Prevention Order is similar to the procedure for obtaining a Chapter 209A restraining order.
The plaintiff must complete and submit to the court a court-issued form, , along with an affidavit outlining the facts and circumstances that comprise the harassment and/or abuse.
Baer, Partner Historically, parties who were subject to harassment or abuse could only obtain court protection preventing the abusing party from contacting or abusing them if the applicant/plaintiff and the defendant were in or had formerly been in a familial, household or substantive dating relationship. The requirement of such a relationship left many individuals who were subject to harassment or abuse but who were not in a familial, household or dating relationship with no means of obtaining protection from the court.
Plaintiffs who could demonstrate that they were in such a relationship could, on the appropriate showing, obtain a restraining order pursuant to G. The Legislature addressed this need when it enacted G. Chapter 258E §3, which went into effect in May 2010.
The plaintiff may apply for a Harassment Prevention Order on an ex parte basis (i.e., without prior notice to the defendant) if s/he is able to demonstrate to the Court that there is a substantial likelihood of immediate danger of harassment.If the Court issues the order after an ex parte hearing, it will schedule another hearing within ten business days to determine whether the order should be extended for a longer period of time.The defendant will be notified that the order has been issued and that s/he has the right to appear before the Court at the second hearing to argue against the extension of the order.At the expiration of the order, the Court may extend the order on the plaintiff's application.The statute specifically provides that the fact that no harassment occurred during the pendency of the order is not sufficient ground for denial of an application to extend the order.The plaintiff must also prove that they were in fact fearful, intimidated or abused or that their property was damaged.