Expert Consultation and Court Representation for Harassment Prevention Cases in Bristol, Norfolk, & Plymouth Counties, Massachusetts
Massachusetts recognizes two distinct forms of harassment: criminal harassment and civil harassment. Harassment prevention is a particularly tricky area of law as the line between protected free speech and harassing behavior often gets blurry. Courts need to consider the context, frequency, severity, and intent of the actions.
There are different types of HPOs (Harassment Prevention Orders) available in Massachusetts, each with varying restrictions on the respondent's behavior (e.g., no contact, staying a certain distance away).
Michael P. Carroll can explain the different options and advise you on which one best suits your needs and the specific type of harassment you're experiencing.
Our legal team can guide you through the ex parte hearing process, where a temporary order can be granted without the alleged harasser present. We excel at preparing compelling affidavits and gathering evidence such as threatening messages, witness statements, or police reports to strengthen your case. Our approach often involves negotiating with the petitioner's counsel to reach mutually agreeable solutions, potentially avoiding the need for a full hearing. For more details,
feel free to contact us today.
How We Can Help
Comprehensive Case Evaluation
We review all incidents, assessing whether they meet the legal threshold for harassment in Massachusetts. This includes evaluating if there have been three or more willful and malicious acts, aimed at a specific person, that would cause a reasonable person substantial emotional distress. We also consider any history of abuse, threats, or intimidation, and assess the immediate risk to the client's safety.
Evidence Gathering and Documentation
From collecting admissible such as electronic communications (emails, text messages, social media posts), surveillance footage, collecting police reports, to gathering statements from witnesses - we leave no stone unturned. We make sure all evidence is properly authenticated and preserved to meet Massachusetts' strict evidentiary standards.
Drafting and Filing Petitions
Our petitions detail the pattern of harassing behavior, emphasizing how it meets the statutory requirements under M.G.L. c. 258E. We ensure all necessary forms are correctly filled out, including the Complaint for Protection from Harassment, Affidavit, and Confidential Information Form. We then file these documents with the appropriate court, whether it's District Court, Boston Municipal Court, or Juvenile Court, depending on the circumstances.
Representation in Ex Parte Hearings
In urgent situations, we swiftly prepare for ex parte hearings. We present a succinct yet powerful case to the judge, emphasizing imminent danger and the need for immediate protection. We make sure all crucial information is presented within the limited time frame. We also prepare clients for potential outcomes, including temporary orders and subsequent hearing dates.
Strategic Representation in Court
If the proceedings involve a full hearing before the court, Michael will present your case persuasively before the judge. This includes presenting opening and closing arguments, conducting direct examinations of our clients and witnesses, and cross-examining opposing parties. Our law firm leverages our in-depth understanding of Massachusetts harassment laws to argue legal points effectively. We will also be prepared to handle any unexpected developments during the hearing, such as new evidence or witness testimony.
CLIENT TESTIMONIALS
Common Forms of Harassment We Handle
Workplace Harassment
This includes bullying, intimidation, verbal abuse, and sexual harassment in the workplace. It creates a hostile environment that can affect an employee’s performance, mental health, and job satisfaction. Employees subjected to such behavior may experience stress, anxiety, and reduced productivity. Addressing workplace harassment is essential to maintaining a respectful and productive work environment.
Sexual Harassment
Unwanted sexual advances, comments, or actions that create an uncomfortable or hostile environment. This can involve inappropriate remarks, unwanted physical contact, or any behavior that makes someone feel unsafe or humiliated. Victims of sexual harassment often suffer from emotional distress, and it can severely impact their personal and professional lives.
Stalking
Persistent following, contact, or surveillance, whether physical or through digital means. Stalking can involve unwanted attention through phone calls, texts, social media, or even physical following. The victim may feel constantly threatened, anxious, or fearful, knowing they are being watched or harassed.
Cyber Harassment
Harassment through online platforms, including social media, emails, or other forms of digital communication. Cyber harassment can include spreading rumors, sending threatening messages, or using the internet to control or intimidate someone. This type of harassment can have a far-reaching impact, as it can happen 24/7 and often extends across multiple platforms.
Discrimination-Based Harassment
Harassment motivated by race, gender, sexual orientation, disability, or other protected characteristics. This type of harassment targets individuals based on their identity and can have devastating effects on their mental and emotional well-being. It often perpetuates a culture of intolerance and inequality, leading to feelings of exclusion, fear, and humiliation.
Understanding Harassment
Harassment is defined as any unwelcome behavior or conduct that creates a hostile, intimidating, or offensive environment. It can occur in various forms, including verbal abuse, physical threats, unwanted advances, and emotional or psychological manipulation. Harassment can take place in the workplace, in public spaces, or within personal relationships.
There are two main legal categories of harassment:
- Civil Harassment: This typically involves a victim seeking legal redress for damages caused by harassment through a civil lawsuit. It can arise from issues like workplace bullying, discrimination, or any behavior that causes emotional or financial harm.
- Criminal Harassment: In this case, harassment is considered a criminal offense, and the perpetrator can face criminal charges. This includes behaviors like stalking, threats, and physical assault.
Seek Expert Legal Counsel for HPO Cases
At our firm, we understand the emotional toll and safety concerns harassment can bring. Obtaining a Harassment Prevention Order (HPO) can be a critical step toward regaining control and protecting yourself. Our firm can immediately secure emergency orders, often within hours of initial contact. If you have been falsely accused, we can employ forensic experts to authenticate or debunk electronic evidence. We can also assist in modifying existing orders to lift unwarranted restrictions.
Call our firm today for more information.
FREQUENTLY ASKED QUESTIONS
What is a Harassment Prevention Order, and how is it different from a restraining order?
A Harassment Prevention Order (HPO), also known as a 258E order, is a court-issued protection against harassment that doesn’t involve a domestic relationship. Unlike 209A restraining orders—used in domestic abuse cases—HPOs can be filed against strangers, acquaintances, co-workers, neighbors, or even online harassers. Massachusetts law requires that the harassment be a pattern of three or more acts, or one criminal act such as sexual assault or threats. The Law Office of Michael P Carroll PC guides clients through this distinction to ensure they file under the correct legal statute—making the difference between a dismissed case and long-term protection.
What qualifies as “harassment” under Massachusetts law?
In Massachusetts, harassment isn’t just about feeling annoyed or uncomfortable. The law defines harassment as three or more willful and malicious acts, aimed at you, that are intended to cause fear, intimidation, abuse, or damage to property. Alternatively, a single incident of certain serious crimes—like stalking, criminal harassment, sexual assault, or threats to kill—may also qualify. Attorney Michael P Carroll helps clients examine their situation carefully to determine if it meets this legal threshold, avoiding the common mistake of filing a complaint that lacks the required severity or pattern to be upheld in court.
How do I file for a Harassment Prevention Order, and what does the process look like?
The filing process begins at your local District Court, where you complete a sworn affidavit detailing the harassment. If you’re in immediate danger, you can request an emergency ex parte order, granted without the harasser present. A full hearing is then scheduled within 10 business days, where both parties present their case. The Law Office of Michael P Carroll PC provides vital support in preparing affidavits, gathering evidence, and crafting a strong legal argument. The court process can feel intimidating—especially when facing your harasser—so legal guidance helps ensure your voice is heard effectively and safely.
What kind of evidence strengthens my harassment case in court?
Judges need more than just verbal claims—they rely on documented, tangible evidence to support your harassment prevention order. This includes text messages, emails, voicemails, social media messages, photos, witness statements, police reports, or surveillance footage. Even if you have experienced emotional distress, it’s important to link it to provable conduct. Michael P Carroll helps clients organize and present evidence persuasively, showing a clear pattern of harassment that meets the legal standard. Without strong documentation, your case may be dismissed, even if your fear is legitimate—so building a solid evidence package is critical.
Can I file for a Harassment Prevention Order if the harasser hasn’t physically touched me?
Yes. Harassment doesn’t need to involve physical contact to be considered legally actionable. Many clients assume they must be assaulted to qualify for protection, but threatening messages, stalking, online harassment, or showing up uninvited can be grounds for an order if they cause fear or distress. Massachusetts law values psychological and emotional safety as much as physical well-being. Michael P Carroll helps clients frame their experiences clearly in legal language, translating fear into the evidence-based argument courts require to act. Early intervention—before violence escalates—can be a powerful step toward regaining peace of mind.
What happens if the court denies my Harassment Prevention Order request?
If your request is denied, it doesn’t necessarily mean the court doesn't believe you—it may mean the evidence didn’t meet the legal criteria. You can appeal or refile, especially if new incidents occur or better documentation becomes available. Michael P Carroll evaluates why the initial request was denied and works with clients to strengthen the case for reapplication. Many people walk away discouraged after a denial, but legal strategy, timing, and clarity of presentation can make the difference in a successful second attempt. A denied request isn’t the end—it’s often a learning opportunity with the right support.
How long does a Harassment Prevention Order last, and can it be extended?
An initial order can be granted for up to one year, after which you may request an extension. If the harassment continues or you still feel threatened, the court may renew the order—and in some cases, grant a permanent order. Michael P Carroll helps clients document any continued contact or threats, making a clear argument for why the order remains necessary. It's critical to start preparing for renewal well before the expiration date, as gaps in protection can leave you vulnerable. Strategic legal guidance ensures you don’t have to start over each year without support.
Is a Harassment Prevention Order enforceable outside Massachusetts?
Yes. Thanks to the full faith and credit clause of the U.S. Constitution and federal law, court orders—including HPOs—are recognized across state lines. However, enforcement in another state can depend on how the order is communicated to law enforcement. The Law Office of Michael P Carroll PC helps clients register their order with authorities in other jurisdictions when needed and ensures language within the order meets enforceability standards. This is particularly important if you're planning to travel, relocate, or attend school outside Massachusetts and still require protection.
Can a Harassment Prevention Order include protections beyond no-contact provisions?
Yes, depending on the specifics of the case, a Harassment Prevention Order can include terms such as staying away from your home, workplace, school, or family members, and it may order the surrender of firearms or weapons. While it doesn’t typically include financial or custody-related protections like a 209A order might, an HPO can still cover multiple areas of your life where you feel vulnerable. Michael P Carroll ensures clients understand the full range of protective measures available and helps them request exactly what they need—ensuring no gaps in legal coverage.
What should I do if the harasser violates the order?
A violation of a Harassment Prevention Order is a criminal offense. If the respondent contacts you, shows up near you, or otherwise breaks the terms of the order, call the police immediately. Then, notify your attorney. Attorney Carroll helps clients document the violation, works with prosecutors to pursue contempt charges, and can assist with modifying or reinforcing the order. Too often, victims are unsure whether a breach “counts”—but even a single text message can be a violation. Legal support ensures your case is taken seriously and the harasser is held accountable.