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

Laws, regulations, cases, and web sources on harassment, stalking, or intentional infliction of emotional distress law.

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 (209A) and Find out what qualifies as harassment (258E). 

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

• Effective September 18, 2024: amended by St. 2024, c. 118, §§ 5-6 to include a ban on image-based sexual assault, also referred to as "revenge porn".

MGL c. 269, § 14A Annoying telephone calls

MGL c. 275, § 2 Complaint of a threat to commit crime

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

Criminal model jury instructions for use in the District Court

Abuse-related offenses - final instructions

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

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.

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

Enforcement guidance on harassment in the workplace, U.S. Equal Employment Opportunity Commission.
This resource explains what counts as harassment based on race, color, religion, sex, national origin, age, disability, or genetic information. It also covers how to decide if an employer is responsible under EEOC rules.

Find out what qualifies as harassment, Mass. Trial Court.
Find out if you’re eligible to request a harassment prevention order.

Harassment prevention (258E) orders, Mass. Legal Help, 2024.
Explains in plain language the steps to getting a harassment prevention order.

Orders concerning domesticated animals in conjunction with restraining orders
This explains how the laws around harassment orders apply to domesticated animals. It includes court forms.

Print sources

Civil causes of action in Massachusetts, 2^nd ed., MCLE, 2012.
Chapter 13: Intentional infliction of emotional distress.

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

“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 6th 541.

Emerging issues in Title IX compliance, investigations & litigation, MCLE, 2024.

Massachusetts proof of cases, Thomson West.
Volume 1, Chapter 13: Emotional distress.

Massachusetts Superior Court civil practice jury instructions, 3^rd ed., MCLE, loose-leaf.
Chapter 8: Emotional distress.

Massachusetts tort damages by Michael B. Bogdanow, 2^nd ed., Lexis, 1999 with supplements. (eBook available with library card)
Chapter 6: Mental and emotional distress.

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

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

"Proof of intentional infliction of emotional distress," 136 Am. Jur. Proof of Facts 3d 175.

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

"Validity of state stalking statutes" 6 ALR 7th Art. 6. 
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Last updated:	March 3, 2025