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A sample 258E preparation packet.

This is an illustrative, redacted example — not a real client matter. Your packet is built around your court, your dates, and your facts, then reviewed by a licensed Massachusetts attorney before it reaches you.

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Sample · Redacted · Illustrative example only

258E Hearing Preparation Packet

Prepared for the defendant

Court: Quincy District Court
Hearing date: 10-day return hearing ·
Plaintiff
Defendant: You
Relationship: Neighbors — no family, household, or dating relationship (qualifies under 258E rather than 209A).

Plaintiff's affidavit — your response

Each allegation in the plaintiff's affidavit, transcribed and answered point-by-point so you respond to a known, fixed set of claims — not whatever is said in the moment.

“On or about [date], the defendant repeatedly came to my property and would not leave when asked.”

Partially admit

Your response: Admit presence on the shared driveway on that date; deny refusing to leave. The visit concerned the shared fence line. Text messages (Exhibit B) show the plaintiff initiated the contact.

“The defendant has sent me dozens of threatening messages.”

Dispute — not legally sufficient

Your response: Deny. Message logs (Exhibit B) show ____ messages over ____ weeks, all concerning property and HOA matters. None contain a threat of force or harm.

“I am afraid for my safety.”

Challenge legal standard

Your response: No specific act of violence, threat, or property damage is alleged. General fear, without three qualifying acts or one of the enumerated serious acts, may not meet the G.L. c. 258E § 3 standard.

Chronological incident timeline

Your facts in the order a judge reads them — each entry tied to the evidence that supports it.

Mar —
HOA dispute begins over fence placement. Plaintiff sends first message (Exhibit B-1).
Apr —
Shared-driveway conversation. Both parties present; conversation ends without incident. Witness: ____ (neighbor).
May —
Plaintiff files 258E complaint and affidavit; ex parte temporary order issues.
May —
Defendant served. No contact since. 10-day return hearing scheduled.

Evidence & witness checklist

Every text, photo, record, and witness — mapped to the allegation it answers, with what to bring to court.

Exhibit	What it shows	Status
A	Copy of the temporary order and complaint	Bring 2 copies
B	Full text-message thread with the plaintiff	Print with dates + sender visible
C	HOA / property correspondence	Gather
D	Witness: neighbor who saw the driveway conversation	Confirm availability

Attorney's flagged issues & recommended approach

Reviewed by a licensed Massachusetts attorney

Strongest point: The plaintiff's own messages initiate much of the contact. This undercuts the claim that contact was unwanted and one-directional.
Legal sufficiency: The affidavit may not identify three willful, malicious acts aimed at the plaintiff, nor one of the enumerated serious acts under § 3. Be ready to ask the court to hold the plaintiff to that standard.
Credibility risk to manage: — concede what is true and incontestable; do not argue facts that hurt you.
Recommended approach: Concede presence, dispute intent and frequency, and challenge legal sufficiency. Speak only to the judge, answer the question asked, keep exhibits organized.

In your real packet, every redacted field above is completed with your specific facts. The attorney's notes are written directly into the document.

End of sample · Illustrative example only

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