Let me break down the Massachusetts harassment laws in clearer terms.
Overview
Massachusetts recognizes two distinct categories of harassment under state law, each with its requirements and consequences.
A. Civil Track: The Harassment Prevention Law
Look, if someone’s making your life miserable, you’ve got options. Under Chapter 258E, you can get a court order (we call it an HPO) to make them stop. But you need to show the judge three things that happened that messed with your peace of mind.
What counts? The person needs to:
Do at least 3 things that upset you (and mean to do them)
Target you specifically
Make you seriously worried or distressed (and any reasonable person would feel the same way)
Pro tip: They can’t defend themselves by saying “I was just joking around.” The law doesn’t buy that excuse if they’re trying to harm you.
B. Criminal Track: The Heavy Stuff
Now we’re talking about Section 43A – the one with teeth. The DA needs to prove beyond a reasonable doubt that:
“The defendant engaged in a pattern of conduct or series of acts over a period directed at a specific person, which seriously alarmed that person and would cause a reasonable person to suffer substantial emotional distress.”
Breaking it down:
- The strikes rule applies here too
- They need to be acting like a jerk on purpose
- You’re getting specifically targeted
- It’s making you genuinely upset
- They knew (or should’ve known) it would mess with your head
Notice: If they start making threats about hurting you or worse, that kicks things up to stalking territory.
Practical considerations
Evidence is everything. Keep records:
- Save those nasty texts
- Screenshot the social media stuff
- Write down when things happen
- Tell people what’s going on (witnesses matter)
What you can do about it
Your options:
- Get that HPO (restraining order specifically for harassment)
- Press criminal charges through the police
- Sue them in civil court for damages
Remember: The court needs facts, not just feelings. Document everything. Each option has different standards of proof and different outcomes.
DISCLAIMER: This document provides general guidance on Massachusetts harassment law as of the date of writing. Specific cases may vary. Consult qualified legal counsel for advice on your situation.
