258E Guideline 1:01: Protective Purpose of c. 258E

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

Guideline 1:01

The fundamental purpose of proceedings under c. 258E is to adjudicate the need for protection from harassment and, if that need is found to exist, to issue an appropriate harassment prevention order.

Conditions of pretrial release in a related criminal proceeding, even if they encompass the same conditions as a harassment prevention order, are not a proper basis for denying relief, as pretrial release conditions are not a substitute for a c. 258E order. See Vera V. v. Seymour S., 98 Mass. App. Ct. 315, 319 (2020).

In some circumstances, the plaintiff may not have had contact with the police or the district attorney’s office prior to seeking a harassment prevention order. In appropriate cases, the plaintiff may be referred to the district attorney’s office to obtain information about seeking a criminal complaint. G.L. c. 258E, § 4. See Guideline 2:11 Information Regarding Criminal Complaints.

Mediation is not permitted in the Superior Court, District Court, or Boston Municipal Court, but may be available, where appropriate, in Juvenile Court.

Commentary

Upon filing a complaint for a harassment prevention order where the complaint is based on sexual violence or stalking, the plaintiff must be given the main resource flyer entitled “G.L. c. 258E Harassment Prevention Orders Based on Sexual Violence or Stalking” which includes statewide listings for sexual assault programs, child witness to violence programs, 24-hour Hotlines, and district attorney’s offices. In addition, the plaintiff is to be given information prepared by the appropriate district attorney’s office concerning criminal proceedings that may be available and the steps required to initiate such proceedings. G.L. c. 258E, § 4.

In appropriate cases, particularly where the requirements of c. 258E are not met, the court may direct the plaintiff to Mass.gov, Resources available regarding abuse or harassment | Mass.gov, which lists community-based resources that may be useful to the plaintiff.

Last updated:	October 20, 2025