Stalking and Harassment Charges in Massachusetts: What You Need to Know
Being accused of stalking or harassment in Massachusetts is serious. These charges don’t just put you at risk of jail time — they can also lead to a permanent criminal record, restraining orders, loss of employment, and family consequences.
At Benzaken, Maguire, Sheehan & Wood, LLP, we regularly defend clients in Brockton and throughout Plymouth County who are facing stalking charges under G.L. c. 265, §43, criminal harassment charges under §43A, or civil harassment prevention orders under G.L. c. 258E.
This guide explains the laws, the penalties, how these statutes overlap with protective orders, and how an experienced Brockton stalking defense lawyer can fight back.
What Is “Stalking” Under Massachusetts Law?
Stalking is defined in G.L. c. 265, §43. To convict someone of stalking, the Commonwealth must prove:
A pattern of conduct (more than once, usually a “series of acts” over time);
Directed at a specific person;
That would cause a reasonable person to suffer substantial emotional distress; and
That actually causes the alleged victim to feel serious distress; and
In many cases, that includes a threat intended to place the person in fear of death or bodily injury.
Key Features:
Pattern, not one incident: A single unwanted phone call is not stalking. Prosecutors must show a repeated course of conduct.
Emotional distress standard: It is judged both objectively (would a reasonable person feel distressed?) and subjectively (did the complainant actually feel distressed?).
Threat requirement: The statute usually requires proof of a threat that causes fear of death or injury. This is what elevates stalking above mere harassment.
Example:
If someone repeatedly calls an ex-partner, leaves threatening messages, and follows them in person, prosecutors may bring stalking charges.
What Is “Criminal Harassment”?
Criminal harassment is defined in G.L. c. 265, §43A. The elements are similar to stalking, but no threat of physical harm is required.
To convict someone of criminal harassment, the Commonwealth must show:
A pattern of conduct or speech, on at least three separate occasions;
Directed at a specific person;
That would cause a reasonable person to suffer substantial emotional distress; and
That actually causes the alleged victim serious distress.
Key Distinction:
Stalking = harassment + threat of violence.
Criminal harassment = harassment without threat, but still repeated conduct.
Example:
Sending repeated, unwanted emails or text messages containing insults, accusations, or degrading content may lead to criminal harassment charges, even if no threat of physical harm is made.
What Is a 258E Harassment Prevention Order?
In addition to criminal charges, Massachusetts law allows people to seek civil protective orders under G.L. c. 258E. These are sometimes called “harassment prevention orders” or “civil restraining orders.”
Who can seek one?
Unlike 209A abuse prevention orders (which require a family, household, or dating relationship), anyone can apply for a 258E order if they claim harassment or stalking. That includes neighbors, co-workers, acquaintances, or even strangers.
Grounds for a 258E order:
At least three acts of harassment;
Or stalking as defined by §43;
Or sexual assault or certain other serious crimes.
Overlap with Criminal Charges:
Often, the alleged victim will pursue both:
A criminal complaint (stalking or harassment charges under §43 or §43A); and
A civil harassment prevention order under §258E.
This creates a double threat: you may be defending yourself in criminal court and trying to prevent a civil order that can show up on background checks and complicate custody, employment, or licensing.
Enhanced Penalties for Violations of Protective Orders
Both the stalking and harassment statutes carry enhanced penalties if the conduct occurs in violation of an existing restraining order (whether a 209A abuse prevention order or a 258E harassment prevention order).
For example:
A person charged with stalking under §43 faces up to 5 years in state prison.
If the stalking occurs while a restraining order is in effect, penalties can be even more severe, with higher sentencing ranges and mandatory minimums in some circumstances.
Violating a 209A or 258E order is itself a separate criminal offense. That means you could be facing:
A violation of the order (Chapter 209A, §7 or Chapter 258E, §9), plus
A new stalking or harassment charge based on the same conduct.
Penalties for Stalking and Harassment
Stalking (§43)
Up to 5 years in state prison, or
Up to 2.5 years in the House of Correction.
Enhanced penalties if committed in violation of a protective order.
Criminal Harassment (§43A)
Up to 2.5 years in the House of Correction.
Up to $1,000 fine.
Enhanced penalties for repeat offenses.
Violation of a 258E Order
Criminal offense, punishable by jail and/or probation.
Often prosecuted aggressively even if the “violation” was minor or unintentional (like a brief text message).
Common Defenses to Stalking and Harassment Charges
If you’re accused of stalking or harassment in Brockton, you are not powerless. These cases are highly fact-specific, and prosecutors often overcharge ordinary disputes as criminal harassment.
Possible Defenses:
No pattern of conduct – A single act or isolated incident is not enough.
Lack of intent – The statute requires intentional conduct. Accidental contact or messages may not qualify.
Constitutional protections – Speech, even if offensive, may be protected by the First Amendment if it is not threatening.
Credibility of complainant – Many stalking/harassment charges arise out of relationship breakups or neighbor disputes where one side exaggerates.
No actual distress – The prosecution must prove that the alleged victim actually experienced serious distress, not just annoyance.
Alibi or mistaken identity – Especially in cases involving anonymous calls, emails, or social media.
Brockton Case Example: Relationship Breakups and Protective Orders
In Plymouth County courts, many stalking and harassment cases grow out of relationship breakdowns. A former partner may file for a 258E harassment order, alleging repeated texts or calls, while also pursuing a criminal complaint.
In one typical scenario:
The defendant and complainant had an on-again, off-again relationship.
After the breakup, both exchanged heated texts and calls.
The complainant later files for a harassment prevention order and goes to the police.
The defendant is suddenly facing a criminal harassment charge, plus a 258E order, plus the risk of enhanced penalties.
In these cases, context matters. A skilled Massachusetts harassment defense lawyer can show that both sides engaged in communication, or that the conduct didn’t meet the strict legal definition of harassment.
Collateral Consequences of a Stalking or Harassment Conviction
Beyond jail time, a conviction for stalking or harassment can carry serious life consequences:
Employment: Employers often refuse to hire anyone with a stalking/harassment record.
Professional licenses: Teachers, nurses, lawyers, and other licensed professionals may face disciplinary action.
Immigration: Non-citizens may face deportation or denial of naturalization.
Custody disputes: Judges in family court may treat stalking/harassment convictions as evidence of unfitness.
Housing: Landlords may refuse to rent to someone with a restraining order history.
This is why it’s essential to fight these charges vigorously from the start.
How a Brockton Stalking Defense Lawyer Can Help
When your freedom and reputation are on the line, you need an advocate who understands Massachusetts stalking and harassment law. A defense attorney can:
Challenge the issuance of a 258E harassment prevention order in civil court.
Fight the criminal charges by filing motions to dismiss or suppress, cross-examining the complainant, and highlighting weaknesses in the Commonwealth’s case.
Negotiate alternative resolutions when appropriate, such as pretrial probation or dismissal.
Protect your record from long-term consequences.
Navigate overlapping cases — criminal charges in Brockton District Court and harassment order hearings in Probate or District Court often proceed at the same time.
Local knowledge matters. Our attorneys know the judges, prosecutors, and probation officers in Plymouth County. We understand how these cases are prosecuted in Brockton, and we know how to present your defense effectively.
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Conclusion
Stalking, criminal harassment, and harassment prevention orders under 258E are serious legal matters in Massachusetts. The Commonwealth often pursues these cases aggressively, especially if there is a prior restraining order or a relationship breakup.
But not every dispute is a crime. Ordinary arguments, unwanted but non-threatening contact, and misunderstandings are frequently miscast as stalking or harassment.
If you have been accused, the most important step you can take is to get legal representation immediately. A skilled Brockton stalking defense lawyer can protect your rights, challenge weak allegations, and work to prevent long-term consequences.
Call us now:
If you are facing stalking or harassment charges in Brockton or anywhere in Massachusetts, contact Benzaken, Maguire, Sheehan & Wood, LLP today. Our experienced defense attorneys are ready to stand by your side and fight for your future. Call us now for a free consultation.