Massachusetts has two civil protective-order statutes that look similar from the outside but cover very different situations: G.L. c. 209A and G.L. c. 258E. Both let someone ask a court to order another person to stop contact and stay away. But they have different requirements, and filing under the wrong one can cost you. Knowing which applies is essential.
209A — Abuse prevention orders
Chapter 209A is for domestic situations. It applies only between "family or household members" — people who are or were married, lived together, are related by blood or marriage, have a child in common, or were in a substantive dating or engagement relationship. The plaintiff must prove a qualifying relationship and "abuse" — physical harm, fear of imminent serious physical harm, or coerced sexual relations.
258E — Harassment prevention orders
Chapter 258E applies when there is no qualifying domestic relationship. It covers harassment by neighbors, coworkers, acquaintances, strangers, or anyone else outside the 209A categories. The standard is different: generally three or more willful, malicious acts aimed at the plaintiff that caused fear, intimidation, abuse, or property damage — or a single qualifying serious act such as assault, stalking, criminal harassment, or an indecent or sexual assault.
The fastest way to tell them apart
Start with the relationship. If the person is a spouse, ex, partner, co-parent, relative, or someone you dated — and there's abuse — you're in 209A territory. If there's no such relationship — a harassing neighbor, a coworker, a stranger — you're almost certainly looking at 258E.
Why filing under the wrong statute hurts
The two laws have different legal standards. A neighbor dispute with no physical component might satisfy 258E (three malicious acts) but would never meet 209A, which requires both a domestic relationship and abuse. File under the wrong one and the court may dismiss or transfer the case — and you'll have to meet a standard that doesn't fit your facts.
Two sites, one referral
This site, Restraining Orders, prepares 209A abuse prevention cases. Our sister site, harassmentorder.com, prepares 258E harassment cases. If you start an intake on one and your facts point to the other, Allie will tell you and send you to the right place. The court clerk can sometimes help you identify which forms to use, but cannot give legal advice about which statute fits your facts.