Can You Get in Trouble for Being Around Someone You Have a Restraining Order Against?
If you have a Restraining Order against someone, it typically requires the person restrained to stay a certain distance away from you and avoid contacting you. If you willingly spend time around this person, you might not necessarily be in legal trouble yourself, but you could be undermining the Order’s effectiveness. This can complicate legal […]
What Happens If a Restraining Order Is Not Served in Massachusetts?
In Massachusetts, if a Restraining Order is not served, it cannot be enforced against the defendant because they have not been officially notified of the order’s existence and its specific terms. The order is considered active once issued by the court, but law enforcement and the courts cannot act on the order (e.g., arresting the […]
What Type of Behavior Is Considered Harassment in Massachusetts?
In Massachusetts, behavior considered harassment under 258E includes: Repetitive Conduct: Frequent, unwanted contact that causes fear or distress. Threats: Any communication or action that implies harm, physically or emotionally. Stalking: Repeatedly following, watching, or monitoring someone without consent. Unwanted Contact: Any form of communication or interaction after being asked to stop. Sexual Harassment: Unwelcome sexual […]
What Qualifies as Harassment in MA?
In Massachusetts, harassment is legally defined as three or more acts of willful and malicious conduct aimed at a specific person which are intended to cause fear, intimidation, abuse, or damage to property. This definition includes behavior that seriously alarms or annoys the person, and would cause a reasonable person to suffer substantial emotional distress. […]
What Is the Meaning of Harassment in Massachusetts?
In Massachusetts, harassment is defined under General Laws Chapter 258E as three or more acts aimed at a specific person that are intended to cause, and do in fact cause, fear, intimidation, abuse, or damage to property. These acts could include, but are not limited to, threats, physical violence, or property damage. The intent is […]
What Is the CORI Law in Massachusetts?
The Criminal Offender Record Information (CORI) law in Massachusetts governs the access, distribution, and use of criminal record information. It is designed to ensure that criminal records are used fairly, promoting opportunities for rehabilitation and reintegration into society. The law restricts who can access CORI, how it can be used, and mandates strict confidentiality to […]
What Is Considered a Violation of a Restraining Order in Massachusetts?
In Massachusetts, a violation of a Restraining Order occurs when an individual fails to comply with the terms specified in the order. This can include contacting or approaching the protected person, visiting their home, school, or workplace, or engaging in other behaviors prohibited by the order. Violations can also involve indirect contact, such as sending […]
What Happens if the Plaintiff Violates the Restraining Order in Massachusetts?
In Massachusetts, a plaintiff cannot violate a Restraining Order because they are the party seeking protection. The only exception is if there are mutual Restraining Orders in place.If the defendant breaches the order by contacting or approaching the plaintiff, they can face serious consequences. These may include arrest, fines, or even imprisonment, depending on the […]
Is Violating a Restraining Order a Felony in Massachusetts?
In Massachusetts, violating a restraining order (whether it’s a 209A Abuse Prevention Order or a 258E Harassment Prevention Order) is generally treated as a misdemeanor offense. However, if the underlying violation involves causing physical harm, threatening to harm, or using a deadly weapon, it can be prosecuted as a felony. The severity of the charges […]
Is a No-Contact Order the Same As a Restraining Order in Massachusetts?
In Massachusetts, a “no contact order” and a “restraining order” refer to similar types of protective orders, but they are used in different contexts. A “no contact order” is often issued in criminal cases and specifically prohibits the defendant from contacting the victim. This can include in-person contact, phone calls, emails, or any form of […]