Guideline 8:03
The court should instruct the parties that once a c. 258E order is issued, violation of its terms constitutes a criminal offense. The court should further instruct the parties that the terms of the order remain in effect until the order is terminated by court order, expires by its own terms, or until it is modified by the court. Any action by the defendant contrary to its terms may subject the defendant to immediate, warrantless arrest and possible criminal prosecution whether or not the plaintiff consented to or acquiesced in the violation.
Commentary
Harassment prevention orders under c. 258E can be terminated only by action of the court. Parties should be informed that the order remains in full force and effect until the order expires under its own terms or is modified or terminated by the court on motion of either party. See Guideline 6:05, Modification of Orders; Terminating Order; Expungement Standard. This information, with other frequently asked questions about the terms of a harassment prevention order, is available for the plaintiff (“Notice to Plaintiff Regarding c. 258E Harassment Prevention Order”). In some c. 258E cases, particularly those involving sexual violence, distributing these resources may be appropriate.
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| Last updated: | October 20, 2025 |
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