The Massachusetts Protection Harassment form is a legal document that allows individuals who have experienced harassment to seek protection from further abuse. By completing this form, a plaintiff can request a court order to prevent the defendant from engaging in harmful behavior. If you believe you need protection, please fill out the form by clicking the button below.
In Massachusetts, individuals who have experienced harassment can seek protection through a formal process that begins with the Massachusetts Protection Harassment form. This essential document allows a person, known as the plaintiff, to request a Harassment Prevention Order from the court against another individual, referred to as the defendant. The form captures critical information, including the names and ages of both parties, details about any prior legal actions, and a description of the harassment incidents. Plaintiffs are required to outline specific acts of harassment that instilled fear or intimidation, as well as any violations of Massachusetts criminal statutes related to harassment. The form also provides an opportunity for the plaintiff to request various forms of relief, such as orders to prevent the defendant from contacting them, remaining away from their home or workplace, and even financial compensation for losses incurred due to the harassment. Importantly, the process is designed to be accessible, with no filing fees and provisions for confidentiality, particularly for those under 18. By filling out this form, individuals take a crucial step toward reclaiming their safety and well-being.
COMPLAINT FOR PROTECTION FROM HARASSMENT
DOCKET NO. (for court use only)
Massachusetts Trial Court
G.L. c. 258E
A
G BOSTON MUNICIPAL COURT
G DISTRICT COURT
G JUVENILE COURT
G SUPERIOR COURT
DIVISION
NAME OF PLAINTIFF (person seeking protection)
NAME OF DEFENDANT (person accused of harassment)
B
I am:
G 18 or older
G 17
G 16 or younger
Are there any prior or pending actions between the plaintiff and the
The Defendant is:
defendant?
G NO G YES
If so, list court, type of case, date and docket no. (if available)
CG I am under the age of 18 and _________________, my _________________________ (relationship to Plaintiff), has filed this Complaint for me.
I SUFFERED HARASSMENT WHEN:
Gon or about (dates) _____________________________________________ the Defendant committed 3 or more acts of willful and malicious conduct aimed at me which were committed with the intent to cause fear, intimidation, abuse or damage to property and did in fact cause fear, intimidation, abuse or damage to property.
DG on or about (date) ___________________________ the Defendant by force, threat or duress caused me to involuntarily engage in sexual relations.
Gon or about (date) ___________________________ the Defendant committed against me an act that constitutes a violation of one of the following statutes: G.L. c. 265, §§ 13B, 13F or 13H (indecent assault and battery), 22 or 22A (rape), 23 (statutory rape), 24 or 24B (assault with intent to rape), 26C (enticing a child), 43 (criminal stalking) or 43A (criminal harassment), or G.L. c. 272, § 3 (drugging for sexual intercourse).
THEREFORE, I ASK THE COURT:
G1. to order the Defendant not to abuse me by physically harming me, attempting to physically harm me, or placing me in fear of imminent serious physical harm, and to stop harassing me (1) by any willful and malicious conduct aimed at me and intended to cause fear, intimidation, abuse or damage to property, or (2) by using force, threat or duress to make me engage in sexual relations unwillingly, or (3) by committing against me any act that constitutes a violation of any of the following statutes: G.L. c. 265, §§ 13B, 13F or 13H (indecent assault and battery), 22 or 22A (rape), 23 (statutory rape), 24 or 24B (assault with intent to rape), 26C (enticing a child), 43 (criminal stalking) or 43A (criminal harassment), or G.L. c. 272, § 3 (drugging for sexual intercourse).
G2. to order the Defendant not to contact me, unless authorized to do so by the Court.
EG 3. to order the Defendant to remain away from my residence (as listed on the PLAINTIFF CONFIDENTIAL INFORMATION form). G 4. to order the Defendant to remain away from my workplace (as listed on the PLAINTIFF CONFIDENTIAL INFORMATION form). G 5. to order the Defendant to pay me $ ____________ in compensation for the following losses suffered as a direct
result of the harassment:
________________________________________________________________________________________
________________________________________________________________________________________. G 6. to order the relief I have requested, except for compensation for losses suffered, without advance notice to the Defendant because there is a substantial likelihood of immediate danger of harassment. I understand that, if the
Court issues such a temporary Order, the Court will schedule a hearing within 10 court business days to determine whether such a temporary Order should be continued, and I must appear in court on that day if I wish the Order to be continued.
Please complete the AFFIDAVIT on the reverse of this page,
the PLAINTIFF CONFIDENTIAL INFORMATION form,
and the DEFENDANT INFORMATION form.
DATE
PLAINTIFF’S SIGNATURE
x
This is a request for a civil order to protect the Plaintiff from future abuse or harassment. The actions of the Defendant may also constitute a crime subject to criminal penalties. For information about filing a criminal complaint, you may talk with the District Attorney’s Office for the location where the alleged harassment occurred.
HA-1 (5/10)
AFFIDAVIT
On or about
Describe in detail the most recent incidents of harassment. If the harassment consisted only of conduct that was willful and malicious but was not a violation of the listed criminal statutes, you must describe at least 3 separate incidents of such harassment. The judge requires as much information as possible, such as what happened, each person’s actions, the dates, locations, any injuries, and any medical or other services sought. Also, describe any history of harassment, with as much of the above detail as possible.
, 20 , the Defendant
_________________________________________________________________________________________________
If more space is needed, attach additional pages and check this box: G
I declare under penalty of perjury that all statements of fact made above, and in any additional pages attached, are true.
DATE SIGNED
X
WITNESSED BY
PRINTED NAME OF WITNESS
TITLE/RANK OF WITNESS
INSTRUCTIONS TO THE PLAINTIFF
HARASSMENT PREVENTION ORDERS
Under Massachusetts General Laws chapter 258E, people who have suffered harassment may ask a judge to issue an Order to protect them from further harassment or abuse. These Orders will be recorded and enforced by law enforcement agencies. They are commonly called “Harassment Prevention Orders” or “Restraining Orders” or “258E Orders.” In any emergency that occurs after court hours or on weekends, you may ask your local police to put you in contact with a judge.
YOU MUST COMPLETE 4 FORMS:
1.COMPLAINT FORM
To request a Harassment Prevention Order, you must fill out a Complaint form and other appropriate forms. There is no filing fee. You are the “Plaintiff.” The person who you allege has harassed you is the “Defendant.” Please print in ballpoint pen and press hard enough so that all four parts are legible.
If either party is under 18. You are asked to indicate on the form whether you and the Defendant are under 18 years of age because the law provides that if either you or the Defendant is under the age of 18, such cases are not open to public inspection and are available only to the Plaintiff, the Plaintiff’s attorney, the person under 18 and his or her parent, guardian and attorney.
Other prior or pending actions. If there are any prior or pending actions in any state or country between you and the Defendant, please bring any legal papers you have from such actions with you to the courthouse.
Financial compensation. You may request that a judge order the Defendant to compensate you for any financial losses suffered as a direct result of the harassment. These may include, but are not limited to, lost earnings, out-of-pocket losses for injuries sustained or property damaged, the costs for replacement of locks, medical expenses, or obtaining an unlisted phone number, and reasonable attorney’s fees.
2.AFFIDAVIT
When you have completed the Complaint form, turn over the first (white) part and fill out the affidavit on the back. Describe the details of the harassment. If the harassment consisted only of conduct that was willful and malicious but was not a violation of the criminal statutes listed on the front of the complaint form, you must describe at least 3 separate incidents of such harassment to be eligible for a Harassment Prevention Order. Fill out the affidavit even if you are requesting relief after court hours unless a judge directs otherwise.
3.PLAINTIFF CONFIDENTIAL INFORMATION FORM
You must also fill out a Plaintiff Confidential Information Form, which lists your address, telephone number, and related information. The information in this form is confidential and this form is not available to the public, the defendant or the defendant’s attorney. Except with a judge’s permission, this form is available only to you, to your attorney, to those you authorize to have access, and to certain persons when access is necessary in the performance of their duties (prosecutors, law enforcement officers, victim-witness advocates and sexual assault counselors).
However, if you request that the defendant be ordered to remain away from your residence or workplace addresses, those addresses will appear in the court Order. They will not be available to the public but they will be disclosed to the defendant. If you do not want those addresses to appear in the court Order and thereby be disclosed to the Defendant, you should specifically request that they be omitted from the court Order.
If you have good reasons why your addresses or other confidential information in this case should not be disclosed to those who would otherwise have access in the course of their duties (prosecutors, law enforcement officers, victim-witness advocates and sexual assault counselors), you may file a Motion for Impoundment under Trial Court Uniform Rule VIII on Impoundment Procedure.
Other court records of this matter will generally be open to public inspection. You may also file a Motion for Impoundment if you have good reasons to ask a judge to keep other parts of the court record from public inspection. Usually a general preference for privacy is not alone a sufficient reason for a judge to impound court records from public inspection.
4.DEFENDANT INFORMATION FORM
The Plaintiff must also fill out the Defendant Information Form. Please provide the requested information to the best of your ability in order to identify the Defendant and where the Defendant can be found. If an Order is issued, this information will be used by law enforcement officers to locate the Defendant to deliver the Order.
This process involves filling out the Massachusetts Protection Harassment form to request a civil order for protection. It’s important to provide accurate and detailed information to ensure the court understands your situation. Follow these steps carefully to complete the form.
The Massachusetts Protection Harassment form is a legal document that allows individuals who have experienced harassment to request a court order for protection. This form is part of the process under Massachusetts General Laws chapter 258E, which enables victims to seek Harassment Prevention Orders, commonly known as restraining orders.
Any individual who is 18 years or older, or a minor represented by a parent or guardian, can file for a Harassment Prevention Order. The person filing is referred to as the “Plaintiff,” while the individual accused of harassment is called the “Defendant.”
The form addresses various forms of harassment, including but not limited to:
When filling out the form, you will need to provide:
No, there is no filing fee associated with submitting the Massachusetts Protection Harassment form. This is intended to ensure that individuals can seek protection without financial barriers.
Once you file the form, the court will review your request. If the court finds sufficient grounds for your claim, it may issue a temporary Harassment Prevention Order. A hearing will be scheduled within 10 court business days to determine if the order should be continued.
Yes, you can request financial compensation for losses directly resulting from the harassment. This may include medical expenses, lost wages, or costs incurred due to the harassment, such as replacing locks or obtaining an unlisted phone number.
If you need assistance, you can reach out to local legal aid organizations, victim advocacy groups, or the court clerk's office. They can provide guidance on how to complete the form and navigate the legal process.
Incomplete Information: Many individuals forget to fill out all required sections of the form. Each part is crucial for the court to understand the situation fully. Omitting details can delay the process.
Insufficient Details: Providing vague descriptions of harassment incidents is a common mistake. The court needs specific information, such as dates, locations, and the nature of the harassment, to make informed decisions.
Not Listing Prior Actions: Failing to disclose any prior or pending legal actions between the plaintiff and defendant can lead to complications. This information helps the court assess the context of the current complaint.
Ignoring Age Requirements: It is essential to indicate the ages of both the plaintiff and the defendant accurately. Misrepresenting age can affect the confidentiality of the case and the legal process.
Neglecting the Affidavit: Some people overlook the importance of completing the affidavit on the back of the form. This section is vital for detailing the harassment incidents and strengthens the case.
Forgetting Confidential Information: Filling out the Plaintiff Confidential Information Form is crucial. This form protects sensitive information, but neglecting it can expose personal details to the defendant.
Failure to Seek Legal Advice: Not consulting with a legal professional can lead to errors in completing the forms. Legal guidance can clarify the process and ensure all necessary steps are taken.
The Massachusetts Protection Harassment form is a vital tool for individuals seeking legal protection from harassment. To effectively utilize this form, it is often necessary to complete several additional documents that provide essential information and context for the court. Below is a list of these forms, each serving a specific purpose in the process of obtaining a harassment prevention order.
Completing these forms accurately and thoroughly is essential for the court to understand the situation and make informed decisions. Each document plays a crucial role in ensuring that the plaintiff's rights are protected and that the legal process is followed appropriately. By understanding the purpose of each form, individuals can navigate the complexities of the legal system more confidently.
The Massachusetts Protection Harassment form shares similarities with the Domestic Violence Restraining Order form. Both documents serve to protect individuals from harmful behaviors by establishing legal boundaries. In the case of a Domestic Violence Restraining Order, the focus is primarily on intimate partners or family members, while the Protection Harassment form can apply to any individual who has experienced harassment. Both forms require the plaintiff to provide details about the incidents that led to the request for protection, ensuring that the court has a clear understanding of the situation.
Another document that parallels the Massachusetts Protection Harassment form is the No Contact Order. This order is typically issued in criminal cases where the defendant is prohibited from contacting the victim. Similar to the Protection Harassment form, it aims to prevent further harassment or intimidation. However, the No Contact Order is often issued as part of a criminal proceeding, while the Protection Harassment form is a civil remedy. Both documents emphasize the importance of maintaining a safe distance from the victim, underscoring the seriousness of the allegations involved.
The Order of Protection is another similar legal document. It is often used in cases involving stalking or threats, providing a legal mechanism for victims to seek safety. Like the Massachusetts Protection Harassment form, an Order of Protection can prohibit the defendant from engaging in specific behaviors that threaten the plaintiff’s safety. Both forms require the plaintiff to present evidence of harassment or threats, and both aim to create a safer environment for individuals who feel threatened.
The Civil Harassment Restraining Order is also comparable to the Massachusetts Protection Harassment form. This order is designed to protect individuals from harassment by someone they do not have a close relationship with, such as a neighbor or acquaintance. Similar to the Protection Harassment form, it requires the plaintiff to demonstrate a pattern of harassment and seek court intervention to prevent further incidents. Both forms highlight the need for legal protection in situations where personal safety is at risk.
Furthermore, the Temporary Restraining Order (TRO) shares characteristics with the Massachusetts Protection Harassment form. A TRO is often issued in emergency situations to provide immediate protection before a more permanent solution is established. Both documents require the plaintiff to articulate the reasons for seeking protection and may include provisions that limit the defendant's ability to contact the plaintiff. The urgency of the situation is a common theme in both forms, reflecting the immediate need for safety and security.
Lastly, the Child Protection Order can be seen as similar to the Massachusetts Protection Harassment form, particularly when the harassment involves minors. This order is aimed at safeguarding children from harmful interactions with adults or peers. Like the Protection Harassment form, it focuses on the safety and well-being of the individual at risk, requiring detailed accounts of the harassment experienced. Both documents underscore the importance of protecting vulnerable populations from harassment and abuse.
When filling out the Massachusetts Protection Harassment form, it is essential to follow certain guidelines to ensure accuracy and effectiveness. Below is a list of things you should and shouldn't do:
Understanding the Massachusetts Protection Harassment form is crucial for anyone seeking help against harassment. However, several misconceptions can create confusion. Here are six common misunderstandings:
By clarifying these misconceptions, individuals can better navigate the process and seek the protection they deserve.
When filling out and using the Massachusetts Protection Harassment form, it is crucial to understand the following key points:
Understanding these points will help ensure that the form is filled out correctly and that the process of seeking protection from harassment is effectively initiated.