258E Guideline 1:00A: Subject Matter Jurisdiction; Eligibility for Relief

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.

Guideline 1:00A

The District Court, Boston Municipal Court, Superior Court, and Juvenile Court departments have subject matter jurisdiction over complaints filed pursuant to G.L. c. 258E. The Juvenile Court’s jurisdiction only applies to cases where the defendant is under the age of eighteen.

To be eligible for relief, a plaintiff must establish that they are suffering from “harassment” as that term is defined by G.L. c. 258E.

“Harassment” is defined under the statute as either:

• One act by which the defendant:
  1. by force, threat or duress causes another to involuntarily engage in sexual relations; or
  2. engaged in conduct that would meet the definition of:
     • G.L. c. 265 § 13B: Indecent Assault and Battery on Child under fourteen
     • G.L. c. 265 § 13F: Indecent Assault and Battery on Person with Intellectual Disability
     • G.L. c. 265 § 13H: Indecent Assault and Battery on Person over Fourteen
     • G.L. c. 265 § 22: Rape
     • G.L. c. 265 § 22A: Rape of a Child by Force
     • G.L. c. 265 § 23: Rape and Abuse of a Child (“Statutory Rape”)
     • G.L. c. 265 § 24: Assault with Intent to Rape
     • G.L. c. 265 § 24B: Assault of a Child with Intent to Rape
     • G.L. c. 265 § 26C: Enticement of a Child
     • G.L. c. 265, § 43A(b): Distribution of Nude or Sexual Images
     • G.L. c. 272 § 3: Drugging for Sexual Intercourse
• Stalking or Criminal Harassment in violation of G.L. c. 265, § 43 or § 43A(a); or,
• Civil harassment, which is three or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property.

A plaintiff who is not eligible for relief under c. 209A may qualify for a harassment prevention order pursuant to c. 258E and conversely, a plaintiff who is seeking a c. 258E order, if in a qualifying relationship, may meet the standard for a c. 209A order.

Commentary

Unlike c. 209A, c. 258E does not require the plaintiff to have a familial, household, or substantive dating relationship with the defendant. Anyone “suffering from harassment” may seek to obtain a harassment prevention order under c. 258E.

Individuals with certain living arrangements who do not otherwise qualify as “household members” pursuant to c. 209A may qualify for an order under c. 258E. See Silva v. Carmel, 468 Mass. 18, 22 (2014) (co-residents assigned to a residential program by a government agency do not qualify as “household members” for purposes of G.L. c. 209A, § 1); S.J. v. T.S., 103 Mass. App. Ct. 166, 169 (2023) (insufficient evidence that college students living in the same dormitory room were eligible for c. 209A order). In determining whether individuals in certain living arrangements meet the definition of “household members” under G.L. c. 209A, § 1, the judge must discern whether the parties have a “family-like” connection that falls under the protection of c. 209A. Although no single factor is dispositive, the court should consider:

(1) whether the living arrangement was voluntary, (2) the nature of the physical living space, including how much of it was shared, (3) the length of the parties’ relationship, and (4) the nature of their relationship and interactions, including whether they engaged in communal living activities. S.J. v. T.S., 103 Mass. at 169.

If, during the hearing, the facts do not establish a basis for relief pursuant to c. 258E, but do appear to meet the requirements for relief pursuant to c. 209A, the plaintiff must file a new complaint and the judge should deny the original complaint. The plaintiff may be able to use the same affidavit. The clerk’s office will close the original case and open a new case for the court to be able to issue an order pursuant to the c. 209A standard. Issuing an order on this new complaint is permissible so long as the defendant’s due process rights are protected. See R.S. v. A.P.B., 95 Mass. App. Ct. 372, 373 n. 4 (2019) (same-day conversion of order from c. 209A to c. 258E proper where defendant was on notice that judge was considering c. 209A complaint as a c. 258E complaint, and defendant did not object to and suffered no prejudice from conversion.) See Guideline 1:01 Protective Purpose of c. 258E. When issuing a c. 209A order, see 209A Guideline 1:00A Eligibility for Relief, and 209A Guidelines generally. Only the judge should rule on the facts presented in support of a c. 258E order; a clerk should not attempt to “screen out” complaints. See Guideline 2:01 Assisting the Plaintiff.

Last updated:	October 20, 2025