In Massachusetts, civil harassment claims are addressed through a specific legal process under Chapter 258E of the Massachusetts General Laws, which allows a person suffering from harassment to file a complaint in the appropriate court requesting protection from such harassment.
Key Procedures for Filing a Civil Harassment Claim:
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Filing a Complaint for Protection from Harassment (Chapter 258E Complaint):
- The plaintiff (the person seeking protection) must file a Complaint for Protection from Harassment form. This form requires a detailed description of the harassment incidents, including dates, locations, and the nature of the conduct.
- If the plaintiff is a minor, a parent or guardian may file on their behalf.
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Affidavit Requirement:
- Along with the complaint, the plaintiff must submit an affidavit describing in detail the most recent incidents of harassment. If the harassment is not criminal but still willful and malicious, the affidavit must describe at least three separate incidents.
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Types of Orders Available:
- The court may issue a Harassment Prevention Order (HPO), a civil order designed to protect the plaintiff from future harassment or abuse. This order can prohibit the defendant from contacting or approaching the plaintiff and can include other protective measures.
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Statute of Limitations:
- For harassment claims, including discrimination or workplace harassment, Massachusetts law provides a 300-day window (approximately 10 months) from the date of the alleged harassment to file a lawsuit.
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Difference Between Civil and Criminal Harassment:
- Civil harassment involves behavior that causes distress but may not meet the threshold for criminal charges.
- A Harassment Prevention Order is a civil remedy, but violating such an order can lead to criminal penalties.
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Court Process:
- After filing, the court reviews the complaint and affidavit. If the judge finds sufficient evidence, a hearing is scheduled where both parties can present their case.
- The plaintiff must demonstrate that the defendant’s conduct caused them to feel harassed or in imminent danger of harm.
Summary Table of Massachusetts Civil Harassment Procedures
| Step | Description |
|---|---|
| Complaint Filing | Submit Complaint for Protection from Harassment form with detailed description of incidents |
| Affidavit | Provide detailed affidavit describing at least three incidents if non-criminal harassment |
| Statute of Limitations | File within 300 days of the harassment event |
| Court Hearing | Judge reviews evidence and holds a hearing for both parties |
| Harassment Prevention Order | Court may issue an order prohibiting contact and protecting the plaintiff |
| Enforcement | Violation of the order can lead to criminal charges |
This process is designed to provide a civil remedy to protect individuals from ongoing harassment, with the possibility of escalating to criminal consequences if the order is violated.
If you are considering filing such a claim, it is important to carefully document all incidents of harassment and file within the statutory time limits. Legal advice may be beneficial to navigate the court procedures effectively.
🔴 Immediate Actions (Today or ASAP)
- Document Everything: Write down detailed notes about each harassment incident. Include dates, times, locations, what was said or done, and any witnesses.
- Preserve Evidence: Save any texts, emails, voicemails, photos, social media messages, or other proof related to the harassment.
- Identify the Harasser: Confirm the full name and contact information of the person you believe is harassing you.
- Consider Your Safety: If you feel in immediate danger, call 911 or local police right away.
- Start Reviewing the Complaint Form: Download or get a copy of the Massachusetts Complaint for Protection from Harassment form from your local court or online.
🟡 Short-Term Steps (This Week)
- Complete the Complaint and Affidavit: Fill out the Complaint for Protection from Harassment form with detailed descriptions of the incidents. Also prepare an affidavit describing the most recent incidents, including at least three separate events if the harassment is non-criminal.
- File the Complaint: Submit your completed complaint and affidavit at the appropriate Massachusetts court. Check the court’s website or call to confirm filing procedures and fees.
- Request a Hearing Date: After filing, the court will review your documents and schedule a hearing if there is enough evidence.
- Notify the Defendant: The court or a process server will notify the harasser about the complaint and hearing date. Do not contact them yourself unless advised by a lawyer.
- Seek Legal Advice: Contact a Massachusetts legal aid organization or a lawyer experienced in harassment cases to help you understand the process and prepare for court.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Prepare for the Hearing: Organize your evidence, including your affidavit, documents, and any witness statements.
- Attend the Court Hearing: Present your case clearly and calmly. Explain how the harassment has affected you and why you need protection.
- Follow Court Orders: If the court issues a Harassment Prevention Order (HPO), keep a copy with you at all times and understand what it restricts.
- Report Violations: If the harasser violates the order, report it immediately to the police and the court.
- Consider Ongoing Support: Look into counseling or support groups if the harassment has caused emotional distress.
Your Legal Rights
- Right to Protection: Under Massachusetts General Laws Chapter 258E, you can seek a civil Harassment Prevention Order to stop unwanted and harmful behavior.
- Right to File Within 300 Days: You must file your claim within 300 days (about 10 months) from the date of the harassment.
- Right to a Hearing: You have the right to present evidence and tell your side at a court hearing.
- Protection from Retaliation: The law prohibits retaliation against you for filing a harassment claim.
- Consequences for Violations: Violating a court-issued Harassment Prevention Order can lead to criminal penalties for the harasser.
Where to Get Help
- Massachusetts Trial Court: Visit your local district or superior court website to download forms and find filing instructions. Massachusetts Trial Court
- Massachusetts Legal Assistance Corporation (MLAC): Provides referrals to free or low-cost legal help. mlac.org or call (617) 367-8544
- Domestic Violence and Harassment Hotlines: If harassment is related to domestic violence, call the Massachusetts Domestic Violence Hotline at 1-877-785-2020.
- Local Legal Aid Organizations: Search for legal aid in your county for help with filing and court preparation.
- Police and Emergency Services: Call 911 if you are in immediate danger or need urgent protection.
- Self-Help Resources: Massachusetts courts often have self-help centers or online guides to assist with filing harassment claims.
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