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.

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

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 or electronic communications (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.

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 document addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and the analysis for determining whether employer liability is established."

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 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, dated 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.

“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.

"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. 
Not available in print. Submit a document request for an electronic copy of this item.

Last updated:	August 2, 2024