Massachusetts General Laws

Mass. Gen. Laws ch. 258E, § 1 (2026)

Definitions

✓ current as of July 2026

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Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-

''Abuse'', attempting to cause or causing physical harm to another or placing another in fear of imminent serious physical harm.

''Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272.

''Court'', the district or Boston municipal court, the superior court or the juvenile court departments of the trial court.

''Law officer'', any officer authorized to serve criminal process.

''Malicious'', characterized by cruelty, hostility or revenge.

''Protection order issued by another jurisdiction'', an injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or a tribal court that is issued for the purpose of preventing violent or threatening acts, abuse or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection.

Notes of Decisions

Cited in 88 cases (40 in the last 5 years), 2011–2026 · leading case: F.K. v. S.C., 115 N.E.3d 539 (Mass. 2019).

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F.K. v. S.C., 115 N.E.3d 539 (Mass. 2019). · cites it 23× “, G. L. c. 258E, § 1. The judge found that, in posting the song, the defendant had committed at least three individual acts of harassment against M.”

O'BRIEN v. Borowski, 961 N.E.2d 547 (Mass. 2012). · cites it 6× “258E requires a finding of “harassment,” defined in G. L. c. 258E, § 1, as “[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear,…”

Orla O. v. Patience P., 100 Mass. App. Ct. 126 (Mass. App. Ct. 2021). · cites it 20× “The issue before us is whether the juvenile defendant committed three or more separate acts of harassment within the meaning of G. L. c. 258E, § 1. Because the defendant engaged in one continuous event over a very brief period, we conclude that the harassment prevention order…”

Van Liew v. Stansfield, 47 N.E.3d 411 (Mass. 2016). · cites it 4× “” G. L. c. 258E, § 1. 9 The definition of “harassment” in c.”

A.T. v. C.R., 39 N.E.3d 744 (Mass. App. Ct. 2015). · cites it 6× “” G. L. c. 258E, § 1, “Harassment,” inserted by St.”

Yasmin Y. v. Queshon Q., 101 Mass. App. Ct. 252 (Mass. App. Ct. 2022). · cites it 4× “126, 127 (2021), quoting G. L. c. 258E, § 1. There is, however, another basis for a harassment prevention order: proof that the defendant "'by force, threat or duress cause[d the plaintiff] to involuntarily engage in sexual relations' [or proof that the] defendant committed any…”

Gassman v. Reason, 55 N.E.3d 997 (Mass. App. Ct. 2016). · cites it 3× “at 60 , quoting from G. L. c. 258E, § 1, inserted by St. 2010, c.”

A.R. v. L.C., 108 N.E.3d 490 (Mass. App. Ct. 2018). · cites it 4× “(The statute also provides independently for issuance of an order based on acts that "by force, threat or duress cause[ ] another to involuntarily engage in sexual relations," or that constitute violations of statutes prohibiting indecent assault and battery, rape, rape and…”

Seney v. Morhy, 3 N.E.3d 577 (Mass. 2014). · cites it 2× “” G. L. c. 258E, § 1. The proceedings for harassment prevention orders are civil in nature.”

R.S. v. A.P.B., 126 N.E.3d 1002 (Mass. App. Ct. 2019). · cites it 3× “2d 547 (2012), quoting G. L. c. 258E, § 1. *376 Discussion . 1. Messages from A.”

DeMayo v. Quinn, 25 N.E.3d 903 (Mass. App. Ct. 2015). · cites it 3× “” G. L. c. 258E, § 1, inserted by St. 2010, c.”

F.W.T. v. F.T., 101 N.E.3d 336 (Mass. App. Ct. 2018). · cites it 3× “Upon review of the record, including the complaint, the plaintiff's affidavit in support of the complaint, and the transcripts of the November 16 and November 22 hearings, the plaintiff arguably alleged the existence of five incidents.”

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