258E Guideline 8:00: Criminal Prosecution of Violations of Harassment Prevention Orders; Venue

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

Guideline 8:00

Violating the no-abuse, no-harassment, no-contact, or stay-away provisions of an active harassment prevention order is a criminal offense subject to warrantless arrest and criminal prosecution under G.L. c. 258E, §§ 8, and 9. Additionally, failure to surrender firearms, ammunition, and firearms licenses in violation of an order is an arrestable offense under G.L. c. 258E, § 4B.

These violations may be prosecuted in the criminal court (or Juvenile Court if the defendant is under the age of eighteen) within whose territorial jurisdiction the act allegedly occurred, or in a criminal court that issued the order. See G.L. c. 119, § 54; G.L. c. 218, § 26. A violation of a harassment prevention order may also be prosecuted as criminal or civil contempt in the court that issued the order. See Guideline 8:02A Criminal Contempt; and Guideline 8:02B Civil Contempt.

The violation of an order to pay compensation may be addressed only as a criminal or civil contempt. It appears that a violation of an order relative to domesticated animals may similarly be limited to a criminal or civil contempt proceeding.

Commentary

General Laws c. 258E § 9 provides that, while harassment prevention orders are civil in nature, violations of such orders are criminal. However, it would appear that only violations of orders 

1. to refrain from abuse or harassment,
2. to remain away from the plaintiff’s residence,
3. to have no contact with, or
4. to stay away from the plaintiff, are subject to criminal enforcement under c. 258E. 

See Commonwealth v. Finase, 435 Mass. 310, 313-314 (2001). See also G.L. c. 258E, § 8 (law officer “shall use all reasonable means to prevent further abuse or harassment”). In addition, a violation of an order to surrender firearms, ammunition, and firearms licenses (FID; LTC) is enforceable as a criminal offense under G.L. c. 258E, § 4B. Violations of other provisions of the order, such as orders for compensation, would appear to be punishable only through contempt proceedings. G.L. c. 258E, § 9. See Guideline 8:02A Criminal Contempt and Guideline 8:02B, Civil Contempt.

Harassment prevention orders issued by other jurisdictions are to be enforced as though they were issued in the Commonwealth. See G.L. c. 209A, §§ 7, and 9; and Guideline 10:00 Filing and Enforcement of Protective Orders Issued by Other Jurisdictions. Consequently, violations of orders issued by other states may be prosecuted in Massachusetts, and Massachusetts law governs the violation of such harassment prevention orders. See Commonwealth v. Shea, 467 Mass. 788, 789 (2014).

Last updated:	October 20, 2025