Massachusetts G.L. c. 258E, § 9: Violation of a Harassment Prevention Order
If you're looking at this page, you may have just received charging documents or a summons for violating a harassment prevention order. Take a breath. Being charged with a criminal offense is frightening, but understanding what you're facing is the first step toward protecting yourself.
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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.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
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, cannot order you to vacate a shared residence, and cannot require you to surrender firearms. It can order you to refrain from abusing or harassing the plaintiff, to refrain from contacting them, to stay a specific distance away, or to remain away from their workplace. Only violations of these specific provisions are criminal.
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.
Following the December 2024 Supreme Judicial Court decision in Commonwealth v. Cruz, this statute now requires proof that you were at least reckless about whether your communication would be viewed as threatening. This means the prosecution must show you were aware your words could be seen as threatening violence, yet you delivered them anyway.
A judge issuing a 258E order has narrower authority than under 209A. A 258E order cannot address child custody, cannot order you to vacate a shared residence, and cannot require you to surrender firearms. It can order you to refrain from abusing or harassing the plaintiff, to refrain from contacting them, to stay a specific distance away, or to remain away from their workplace. Only violations of these specific provisions are criminal.
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.
Following the December 2024 Supreme Judicial Court decision in Commonwealth v. Cruz, this statute now requires proof that you were at least reckless about whether your communication would be viewed as threatening. This means the prosecution must show you were aware your words could be seen as threatening violence, yet you delivered them anyway.
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, stay a specific distance away, or remain away from a 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.
A Valid Court Order Existed: A court had issued a 258E order directing you to refrain from abusing or harassing, refrain from contacting, stay a specific distance away, or remain away from a 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
● 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.
Parole Eligibility and Aggravating Factors
A person serving a mandatory minimum sentence under this section may become eligible for parole after serving half the maximum term, but only if the sentence is to a house of correction and none of certain aggravating circumstances apply, including use or possession of a firearm or threats of violence during the offense, directing another person's criminal conduct, or committing the offense while violating the statutes covering distribution to a minor or inducing a minor to distribute drugs.
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
● 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
● 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 defendantDefending Against a 258E Violation Charge
These cases are highly fact-specific, and the right defense strategy depends entirely on the circumstances of your case. The Commonwealth must prove not just that an order existed, but that you specifically knew its terms and violated them intentionally. Knowledge of the specific terms allegedly violated is often the central issue.
Defense strategies may involve challenging whether you were properly served with the order or otherwise knew its specific terms, whether the alleged contact was truly accidental, whether a third party contacted the protected person without your knowledge or direction, or whether the evidence of the alleged violation is sufficient to meet the Commonwealth's burden. An experienced criminal defense attorney can evaluate the specific facts of your case and identify the strongest approach.
Defense strategies may involve challenging whether you were properly served with the order or otherwise knew its specific terms, whether the alleged contact was truly accidental, whether a third party contacted the protected person without your knowledge or direction, or whether the evidence of the alleged violation is sufficient to meet the Commonwealth's burden. 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.
● 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.
We're Here To Help
Facing criminal charges is stressful, and understanding the law is only the first step. If you have questions about charges under G.L. c. 258E, § 9, or need to discuss your specific situation, we are available to help.
For over 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, and decide how to move forward. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your defense options, and decide how to move forward. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
