Do you need protection from someone who is harassing you? Find out how to request a harassment prevention restraining order.
- This page, Request a harassment prevention order, is offered by
- Massachusetts Court System
- Superior Court
- District Court
- Boston Municipal Court
Request a harassment prevention order
Contacts
Superior Court, Boston Municipal Court, and District Court locations
The Details of Request a harassment prevention order
What you need for Request a harassment prevention order
You’ll need to go to your local Superior Court, Boston Municipal Court (BMC), or District Court to provide the required information to file:
- G.L. c. 258E (Harassment Prevention Order) Application Forms: This package of forms includes instructions to plaintiffs, the complaint, the affidavit, the plaintiff confidential information form, and the defendant information form. Do not email these forms to the court without calling first; emailed applications will not start the application process.
You may also need to file:
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Petition relative to domesticated animals to request an order regarding pets
There is no charge to get a harassment prevention order.
Need help? See resources available regarding abuse or harassment.
How to request Request a harassment prevention order
During regular business hours on weekdays (8:30 a.m. – 4:30 p.m.)
- If the defendant is 17 or older — You can go to the Superior Court, BMC, or the District Court whose jurisdiction covers where you live. If you’re not sure what court covers where you live, you can call the closest court on the list and they’ll be able to direct you to the right place.
- If the defendant is under 17 — You should go to the Juvenile Court whose jurisdiction covers where you live. If you’re not sure what court covers where you live, you can call the closest court on the list and they’ll be able to direct you to the right place.
- If it’s an emergency and courts are closed — You can go to your local police station. The police will obtain the necessary information from you and then call a judge. If the judge grants the order, the order will be given to you by the police and will tell you when and how to contact the court for a further hearing after notice to the defendant.
Next steps for Request a harassment prevention order
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Initial hearing
After you provide the information to complete the necessary paperwork, court staff will check to see if the defendant is wanted by the police, if there are or have been other restraining orders against the defendant, and whether the defendant has any criminal record. In some courts, court staff may also check your record. Once this is done, your case will be called in the courtroom for you to speak with the judge.
If you have asked for an order without the defendant knowing, the judge will look over your papers and ask you some questions. The judge will decide whether or not to give you the order after speaking with you. If the judge issues an order, the clerk will provide a copy of the order to you and the appropriate police department.
The police will attempt to serve the defendant with a copy of the order to give the defendant notice of the terms of the order and of the date and time of the next hearing for an opportunity to be heard on whether the relief granted should continue. Your local police department receives a copy of the order. You should also keep a copy of the order with you at all times.
Hearing after notice
The date and time for the next court hearing will be listed on the order. It will usually be in about 10 days, but sometimes it is sooner. The name and location of the court that issued the order is listed on the top of the order. During that hearing, at which the defendant will have a chance to speak before the judge, the judge will listen to the evidence and decide if the order should continue to remain in effect, be amended in some way(s), or be ended. Both the plaintiff and the defendant have a right to be heard at the hearing and to present evidence that the judge finds relevant. If you don’t contact the court at the date and time of the next scheduled court hearing, the order will expire at the end of that court day.
If the judge grants the order, the order will state how long it will last, and will tell you when you need to go back to court if you want to renew it.
If you want to renew the order, you’ll need to return to the court on the return/expiration date on the order, and ask for the order to be renewed, otherwise the order will expire.
More info for Request a harassment prevention order
If you want to appeal
If you aren’t given an order or not given everything you request, you can appeal. You have 30 days to appeal after the judge makes their decision. No matter what court issued the order, you must appeal to the Appeals Court. To start your appeal, you must file a Notice of Appeal at the clerk’s office of the court that issued the order within 30 days of your hearing. See the Clerk's Guide to Appeals for Lawyers & Self-Represented Litigants for information on the appeals process.
Renewing harassment prevention orders
If the judge grants a harassment prevention order, the order will state how long it will last, and will tell you when you need to contact the court if you want to renew it. If you want to renew the order, you’ll need to contact the court on the return/expiration date on the order, and ask for the order to be renewed, otherwise the order will expire.
Downloads for Request a harassment prevention order
Open PDF file, 312.39 KB, G.L. c. 258E (Harassment Prevention Order) Application Forms (English, PDF 312.39 KB)Contact for Request a harassment prevention order
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