Massachusetts law about harassment, stalking, or intentional infliction of emotional distress

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Related topic

This page is primarily about Harassment Prevention orders under c.258E. Please see Law about domestic violence (209A) for information about abuse prevention orders under c.209A. 

If you are not sure what type of order applies to your situation, see Find out if you're eligible for an abuse prevention order.

COVID-19 update

COVID-19 resources for abuse protection orders (209A) and harassment prevention orders (258E), Mass. Trial Court.

Best bet

Harassment prevention orders, Mass. Trial Court.
Learn about what qualifies as harassment and how to request an order. Includes links to forms. 

Massachusetts laws

MGL c.258E Harassment prevention orders

MGL c.209A, § 11 Protection and custody of pets
Applicable to 258E orders as well as 209A orders.

MGL c.265, § 37 Violations of constitutional rights

MGL c.265, § 43 Stalking

MGL c.265, § 43A Criminal harassment; punishment

MGL c.269, § 14A Annoying telephone calls

Federal laws

18 USC § 2261A Interstate stalking

47 USC § 223 Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

Jury instructions

• Annoying and accosting persons of the opposite sex (G.L. c. 272, § 53), 2016
• Civil rights violations (G.L. c. 265, § 37), 1995
• Criminal harassment (G.L. c. 265, § 43A), 2013
• Harassing or obscene telephone calls (G.L. c. 269, § 14A), 2011
• Stalking (G.L. c. 265, § 43), 2011
• Threat to commit crime (G.L. c. 275, §§ 2-4), 2013
• Violation of an abuse prevention order (G.L. c. 209A, § 7), 2019
• Violation of a harassment prevention order (G.L. c. 258E, § 9), 2019

Selected cases

Selected court cases on the topic of harassment, stalking, or intentional infliction of emotional distress

Web sources

Am I eligible for a restraining order? 
A one-page guide which simply explains the differences between MGL c.209A and MGL c.258E.

Harassment prevention orders, Mass. Legal Help.
Explains the law and procedure in plain language in a question and answer format.

Orders concerning domesticated animals in conjunction with restraining orders: Memo from Chief Justice of the Trial Court and Court Administrator, October 31, 2012.
Includes explanation of the law and procedures, with forms.

Print sources

Civil causes of action in Massachusetts, MCLE. Chapter 13, Intentional infliction of emotional distress.

"Complaints for intentional infliction of emotional distress." Am jur pleading and practice forms (Includes forms). Fright, sec. 52-108.

"Intentional infliction of emotional distress," 43 Am jur proof of facts 2d 1.

“Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress—defamation, invasion of privacy, and employer's alleged misuse of company procedures” 38 ALR 6^th 541. 

Massachusetts proof of cases, Thomson West. Vol. 1, Civil, Chapter 13. 

Massachusetts Superior Court civil practice jury instructions, MCLE, loose-leaf, Chapter 8.

Massachusetts tort damages, 2d ed., by Michael B. Bogdanow, Lexis, 1999 (with supplement), Chapter 6.

Massachusetts tort law manual, MCLE, loose-leaf, Chapter 6.

"Modern status of intentional infliction of mental distress as independent tort; outrage," 38 ALR 4th 998.

Tort law, 3^rd ed. (Mass. Practice, v. 37) Thomson West, 2005 with supplements.

“Validity of state stalking statutes” 6 ALR 7th Art. 6.

Last updated:	May 22, 2023