Massachusetts has two civil protective order statutes that are often confused with each other: G.L. c. 209A and G.L. c. 258E. They look similar from the outside — both allow someone to go to court and ask for an order telling another person to stop contact and stay away — but they cover very different situations and have different legal standards. Knowing which one applies to your case is essential.
209A — Domestic abuse prevention orders
G.L. c. 209A applies when the people involved have a specific qualifying relationship. You can seek a 209A order if the person you are seeking protection from is:
- A spouse or former spouse
- A household member or former household member
- A person you are related to by blood or marriage
- A person you have a child with
- A person you are in or have been in a substantive dating relationship with
The legal standard for 209A focuses on abuse — physical harm, attempted physical harm, placing someone in reasonable fear of imminent serious physical harm, or causing involuntary sexual relations through force or threat. The relationship is the key — 209A was designed to address domestic and intimate partner violence.
258E — Harassment prevention orders
G.L. c. 258E applies when there is no qualifying domestic or intimate relationship. It covers harassment by neighbors, coworkers, acquaintances, strangers, or anyone else who does not fall into the 209A categories. The legal standard is different: the plaintiff must generally show three or more willful, malicious acts aimed at them that caused fear, intimidation, abuse, or property damage — or a single qualifying serious act such as assault, stalking, or indecent assault.
Why the distinction matters
Filing under the wrong statute can result in the court dismissing the case or transferring it. More importantly, the legal standard you need to meet is different depending on which law applies. A neighbor dispute that does not involve physical harm may meet the 258E standard (three or more malicious acts) but would not meet the 209A standard (which focuses on abuse in a domestic context).
Can someone be covered by both?
Sometimes the answer is complicated. If a situation involves both a qualifying domestic relationship and conduct that also meets the harassment standard, a person may have a choice about which law to file under. In those situations, the specific facts, the relief being requested, and the applicable legal standard all matter. This is a situation where speaking with a Massachusetts attorney before filing is especially valuable.
What if I am not sure which applies?
Start with the relationship. If the person you are seeking protection from is a family member, intimate partner, or former intimate partner — and the conduct involves abuse as defined by 209A — you may be in the 209A category. If there is no qualifying relationship — a harassing neighbor, a coworker, an acquaintance — you are likely looking at 258E. The court clerk can sometimes help you identify which forms to use, but they cannot give legal advice about which statute is correct for your facts.
This site covers 258E only
Harassment Order .com prepares clients for Massachusetts 258E harassment prevention order hearings. If your situation involves a domestic or intimate partner relationship, you may need assistance from a provider who specifically handles 209A matters. The Massachusetts Bar Association Lawyer Referral Service and MassLegalHelp can help you find the right resource.