Massachusetts Complaint For Protection From Harassment is a court document that individuals can file in order to protect themselves from harassment or stalking. This document may be used when someone is being threatened, intimidated, or otherwise harassed. There are two types of Massachusetts Complaint For Protection From Harassment: a Civil Complaint and a Criminal Complaint. A Civil Complaint allows an individual to seek financial compensation for the harm caused by the harassment. The complainant can ask for an injunction to prevent the harasser from continuing the conduct. A Criminal Complaint allows the State of Massachusetts to pursue criminal charges against the harasser. It is important to note that criminal charges may only be pursued if the harassment is a crime in Massachusetts. In either case, the Complaint must be filed within three years of the harassment. Individuals must provide evidence of the harassment and must appear in court in order to prove their case. If the complainant is successful, the court may issue an order to protect the individual from further harassment and may also require the harasser to pay restitution.
Massachusetts Complaint For Protection From Harassment
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FAQ
What is the Penalty for Criminal Harassment in Massachusetts? Criminal harassment is a misdemeanor on first offense that can be punished by up to two-and-a-half years in the House of Corrections.
Unlike a 209A restraining order, a 258E harassment prevention order cannot be issued by the Probate and Family Court. The courts that hear 258E cases also handle criminal cases. The Probate and Family Court, which also hears 209A cases, does not handle criminal cases.
(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and
This means it was done on purpose and was done for cruelty, hostility or revenge. Were aimed at you. Were intended to cause you fear, intimidation, abuse, or damage to property. ?Abuse? means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.
To get a Harassment Prevention Order, file a Complaint for Protection from Harassment in any District Court, Boston Municipal Court, Juvenile Court, or Superior Court that covers the area where you live. See the the Trial Court's website for the Complaint form, Affidavit form, and Instructions.
You can request that the defendant be ordered to have no contact with you. This means that the defendant: Must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is listed on the order.