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Showing posts from January, 2014

Harassment Prevention Orders - 2 SJC Decisions

On January 28, 2014, the Massachusetts Supreme Judicial Court released two decisions that significantly affect the ability to obtain a Harassment Prevention Order in Massachusetts. Harassment Prevention Orders in Massachusetts are governed by M.G.L. c. 258E , which defines Harassment as follows: “Harassment”, (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property... In Smith v. Mastalerz (SJC-11011039. January 28, 2014 - available here ), the SJC clarifies what constitutes 3 or more acts.  The trial Judge found that the Defendant driving by the Plaintiff three times all within a short period of time counted as 3 separate acts.  However the SJC disagreed "with the judge that driving by the plaintiff constituted three separate acts of harassment."  In addition, the lower court had not made s