Massachusetts General Laws

Mass. Gen. Laws ch. 258E, § 5 (2026)

Temporary orders

✓ current as of July 2026

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Section 5. Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to protect a plaintiff from harassment, including relief as provided in section 3.

If the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, the court may enter such temporary relief orders without notice as it deems necessary to protect the plaintiff from harassment and shall immediately thereafter notify the defendant that the temporary orders have been issued. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the plaintiff not later than 10 court business days after such orders are entered.

Notice shall be made by the appropriate law enforcement agency as provided in section 9.

If the defendant does not appear at such subsequent hearing, the temporary orders shall continue in effect without further order of the court.

Notes of Decisions

Cited in 6 cases, 2015–2019 · 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 4× “and his father sought and obtained temporary civil harassment prevention orders from the District Court, pursuant to G. L. c. 258E, § 5. The defendant was not present at the hearing.”

A.T. v. C.R., 39 N.E.3d 744 (Mass. App. Ct. 2015). “2 G. L. c. 258E, § 5. He then heard testimony from both the plaintiff and the defendant.”

F.K. v. S.C. (Mass. 2019). · cites it 4× “and his father sought and obtained temporary civil harassment prevention orders from the District Court, pursuant to G. L. c. 258E, § 5. The defendant was not present at the hearing.”

F.A.P. v. J.E.S. (Mass. App. Ct. 2015). “See G. L. c. 258E, § 5. The order was issued based on allegations that the defendant had digitally raped the plaintiff, the seven year old girl on whose 2 behalf the harassment complaint was filed.”

A.T. v. C.R. (Mass. App. Ct. 2015). “2 G. L. c. 258E, § 5. He then heard testimony from both the plaintiff and the defendant.”

F.A.P. v. J.E.S., 87 Mass. App. Ct. 597 (Mass. App. Ct. 2015). “See G. L. c. 258E, § 5. The order was issued based on allegations that the defendant had digitally raped the plaintiff, the seven year old girl on whose behalf the harassment complaint was filed.”

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