You Just Got Charged. Here's What You Need to Know.

For over 30 years, we have helped people through exactly what you're experiencing right now. You don't have to face this alone. If you're looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 258E, § 9. Understanding exactly what this charge means under Massachusetts law, and what the prosecution must prove against you, is the first step toward protecting yourself.

What Does G.L. c. 258E, § 9 Prohibit?

Massachusetts General Laws Chapter 258E, Section 9 makes it a crime to knowingly violate a civil harassment prevention order. Unlike a 209A abuse prevention order, a 258E order does not require any family, household, or dating relationship between the parties. It is available to anyone experiencing a pattern of willful and malicious conduct, or certain sexual offenses, regardless of their relationship to the other person.

A judge issuing a 258E order has narrower authority than under 209A. A 258E order cannot address child custody and cannot order you to vacate a shared residence. It can order you to refrain from abusing or harassing the plaintiff, to refrain from contacting them, and to remain away from their household or workplace. It can also reach your firearms. On a temporary or emergency order, if the judge finds a substantial likelihood of immediate danger of harassment, the law requires the court to suspend your license to carry or FID card and order you to surrender every firearm and round of ammunition you own or control. When the order is continued, the court continues the surrender if it finds that returning your firearms would present a likelihood of harassment, and the surrender then lasts as long as the order does. Violating a surrender order is its own offense, punishable by up to two and a half years in a house of correction, a fine of up to $5,000, or both. If you own firearms and an order has been served on you, this is the first thing to talk to a lawyer about.

A distinct feature of this statute is that a court may separately order you to pay the plaintiff for damages resulting from the violation, including lost earnings, property damage, the cost of replacing locks, medical expenses, and reasonable attorney's fees. This civil remedy exists alongside, not instead of, the criminal penalties.

For the order itself, including what counts as harassment, the hearing after notice, and how an order is extended, changed or appealed, see our pages on harassment prevention orders (258E) and Massachusetts restraining orders.

What the Prosecution Must Prove

To convict you under G.L. c. 258E, § 9, the Commonwealth must prove each element of the offense beyond a reasonable doubt. Under the Massachusetts Model Jury Instructions, the prosecution must prove four elements:

A Valid Court Order Existed: A court had issued a 258E order directing you to refrain from abusing or harassing, refrain from contacting, or remain away from a household or workplace.

The Order Was in Effect: The order was in effect on the date the violation allegedly occurred.

You Violated a Specific Term: You violated the order through the specific prohibited conduct alleged, such as contacting the protected person or failing to stay away.

You Knew the Order's Terms: You knew the pertinent terms of the order were in effect, either because you received a copy of it or learned of its terms some other way.

The Commonwealth must prove ALL four elements, including that you actually knew the order's terms. Weakness in proving any single element, especially knowledge of the specific terms allegedly violated, can be the foundation of your defense.

Penalties for Violating a 258E Order Under Massachusetts Law

Penalties

Under G.L. c. 258E, § 9, every violation carries the same maximum penalty, regardless of whether it is a first offense:
● Up to 2.5 years in a house of correction
● A fine of up to $5,000, with both fine and imprisonment possible, plus a mandatory additional $25 fine

Court-Ordered Damages and Treatment Programs

In addition to the criminal penalties, a court may separately order you to pay the plaintiff for damages resulting from the violation, including lost earnings, out-of-pocket losses for injuries or property damage, the cost of replacing locks, medical expenses, the cost of an unlisted phone number, and reasonable attorney's fees. A court may also order completion of an appropriate treatment program based on the nature of the offense.

Collateral Consequences

● A permanent criminal record that appears on background checks
● Potential impact on employment opportunities
● Possible effects on professional licenses
● Immigration consequences for non-citizens
● Court-ordered civil damages to the plaintiff, separate from any fine
● Impact on custody or family court proceedings
● Possible court-ordered completion of a treatment program

Related Criminal Charges

● G.L. c. 209A, § 7: Violation of an Abuse Prevention Order: The counterpart charge for violating a civil order between family or household members; same penalty structure
● G.L. c. 265, § 43A: Criminal Harassment: A pattern-of-conduct offense that can exist independently of any court order; up to 2.5 years in a house of correction
● G.L. c. 265, § 43: Stalking, which carries an enhanced, mandatory-minimum penalty if the stalking conduct also violates a 258E order
● G.L. c. 265, § 13A: Assault and Battery: Often charged alongside a violation when the alleged conduct also involved physical contact
● G.L. c. 275, § 2: Threat to Commit a Crime: A related, less serious threat-based charge
● G.L. c. 268, § 13B: a Intimidation of a Witness

Related Practice Area:

Our Violent Crimes Practice Area Overview, sometimes charged if the protected person is also a witness in another case involving the defendant

Defending Against a 258E Violation Charge

These cases are fact-specific, and the right defense depends on the circumstances of your case. The Commonwealth must prove that an order existed, that you knew its terms, and that you violated one of them.

Courts deciding 258E violation cases have generally drawn on the same principles that govern 209A violation cases, and the model jury instructions treat them as relevant, though no appellate court has expressly held that they apply. The questions below are the ones that most often decide a charge.

Did you know about the order and its terms?

The Commonwealth has to prove you knew the pertinent terms of the order were in effect. That usually comes from proof that you were served. Without evidence of knowledge, a conviction cannot stand. The Appeals Court has reversed a 258E conviction where the jury never heard evidence that the defendant was aware of the order and its terms.

So the questions are practical ones. Were you served, and how? If not, what exactly were you told, by whom, and when?

Was the contact accidental?

Running into the protected person somewhere you did not know, and could not reasonably have known, they would be is generally not a violation. But you have to end the encounter as soon as reasonably possible. Under the model jury instructions, when there is evidence of an accidental encounter, the Commonwealth has to prove the contact was not accidental, or that you failed to take reasonable steps to end it.

This comes up often in 258E cases, because the other person is frequently a neighbor, a coworker, or someone else you are likely to cross paths with.

A chance encounter does not make everything that follows accidental. Choosing to start or continue a conversation is a deliberate act, whoever spoke first.

Did you actually make the contact?

If someone else contacted the protected person, the Commonwealth has to prove that you intended that contact or shared that intent. A friend or relative acting on their own is not you.

The reverse is also true: a no-contact order cannot be avoided by passing messages through other people. With texts, e-mail and social media, the questions are usually whether the message actually reached the protected person, and whether it can actually be tied to you.

Which term of the order is at issue?

The charge depends on the specific term you are accused of violating. A no-contact term is about whether contact happened, not about what was said.

A term ordering you not to harass the protected person is different. Harassment has a narrow legal definition, and when the claimed harassment is words, the words must be a true threat or "fighting words." Speech that is rude, insulting or offensive is not enough on its own.

What is not a defense

It helps to know this early. The Commonwealth does not have to prove that you meant to violate the order, only that you knew of it and violated it.

Believing the order should never have been issued is not a reason to ignore it. The place to challenge an order is the civil case, by asking the court to change or end it, or by appealing.

And do not assume that an invitation from the protected person protects you. The order restricts you, not them.

The evidence itself

Beyond these questions, the proof matters: whether messages can actually be tied to you, what phone records show about who contacted whom and when, and what any witnesses saw. An experienced criminal defense attorney can evaluate the specific facts of your case and identify the strongest approach.

What To Do Right Now

If you've just been charged with violating a harassment prevention order, here's what you need to know:
‍
● Don't talk to police beyond basic identification. Anything you say can be used against you
● Don't contact the alleged victim: any contact could result in additional charges
● Don't discuss your case on social media or with anyone except your attorney
● Preserve any evidencesuch as text messages, call logs, or anything showing who initiated contact and when
● Write down everything you remember while it's fresh, including exactly what happened and any prior contact from the protected person

‍Contact an experienced Massachusetts criminal defense attorney immediately.

‍Call (978) 969-2890. We answer 24/7.

Massachusetts G.L. c. 258E, § 9: Violation of a Harassment Prevention Order