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 […]
What is Legally Considered Harassment in Massachusetts?
In Massachusetts, harassment is legally defined as three or more acts aimed at a specific person that are willful and malicious, causing fear, intimidation, abuse, or damage to property. This can include threats, physical violence, property damage, or a pattern of conduct that seriously alarms or annoys the victim, with no legitimate purpose. The victim […]
What Evidence is Needed to Prove a Case of Harassment in Massachusetts?
To prove a case of harassment in Massachusetts, a plaintiff must demonstrate by a preponderance of the evidence that the defendant’s actions meet the legal definition of harassment. Harassment prevention orders can be sought under General Laws Chapter 258E, and plaintiffs may request an order if they have experienced three or more acts that were […]
What Can You Do About Verbal Harassment in Massachusetts?
In Massachusetts, if you’re experiencing verbal harassment, you can seek a Harassment Prevention Order, also known as a 258E order. This court order is designed to protect individuals from harassment regardless of the relationship with the harasser. Harassment is legally defined as three or more acts of willful and malicious conduct aimed at a person […]