What is a Third-Party Contact Restraining Order in Massachusetts?
A Third-Party Contact Restraining Order in Massachusetts is typically part of an Abuse Prevention Order (209A Order) or a Harassment Prevention Order (258E Order) which may require the individual who is the subject of the order to refrain from contacting the victim not only directly but also through third parties. This kind of order is […]
What Is a 209 Violation in Massachusetts?
A 209A violation in Massachusetts refers to a breach of a Chapter 209A Abuse Prevention Order, also known as a restraining order. If someone is found guilty of such a violation, they could face up to two and a half years in jail and a fine of up to $5000. Additionally, the offender may be […]
What Are True Threats in Massachusetts?
In Massachusetts, true threats encompass verbal or written statements that convey a serious intention to commit harm, including physical violence, against an individual or group. These threats must be credible and reasonably interpreted as genuine expressions of intent. The context, manner, and surrounding circumstances are evaluated to determine whether a statement constitutes a true threat, […]
What Are Fighting Words in Massachusetts?
In Massachusetts, “fighting words” are expressions that inherently tend to provoke immediate violence or retaliation, falling outside the protection of the First Amendment. However, the interpretation is case-specific and influenced by context, including the audience and circumstances. Courts typically consider whether the words are likely to incite an average person to an immediate breach of […]
Is Verbal Abuse Illegal in Massachusetts?
In Massachusetts, verbal abuse can fall under the laws addressing harassment, stalking, or intentional infliction of emotional distress. While the state’s laws traditionally emphasize physical harm in domestic abuse cases, other forms of abuse, including emotional abuse, can also be recognized under certain circumstances. Protection can be sought through Harassment Prevention Orders under Massachusetts General […]
How Long Does a Harassment Order Last in Massachusetts?
In Massachusetts, a harassment prevention order typically lasts for up to one year but can be extended under certain circumstances. Extensions can be granted if the petitioner proves that harassment is likely to continue or that there’s a new incident of harassment. The duration may vary based on court discretion and the specifics of each […]
How Long Do You Go to Jail for Violating a Restraining Order in Massachusetts?
In Massachusetts, violating a restraining order can lead to serious consequences. If a person violates the specific terms of an Abuse Prevention Order or a Harassment Prevention Order—like no abuse, no contact, vacating the home, staying away from work/home, or surrendering firearms—it is considered a criminal offense. The penalty for such a violation can be […]
Massachusetts Restraining Orders
A Massachusetts Restraining Order, can be a 209A Abuse Prevention Order, or a 258E Harassment Prevention Order. The Abuse Prevention Order is a court order used to protect you from being abused by a family or household member. A Harassment Prevention Order stops someone from harming or harassing you regardless of your relationship with them. […]
What Makes a Strong Harassment Case in Massachusetts?
In Massachusetts, a strong harassment case generally needs to meet specific criteria established by the state’s laws. The harassment must involve three or more acts that are willful and malicious, aimed at you, intended to cause and indeed cause fear, intimidation, abuse, or damage to property. Additionally, the law recognizes harassment as a single incident […]
What Is the Burden of Proof for a Restraining Order in Massachusetts?
In Massachusetts, the burden of proof for obtaining a restraining order, whether it’s an Abuse Prevention Order under Chapter 209A, or a Harassment Prevention Order under Chapter 258E, is a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that you have been subjected to abuse or harassment […]