Attorney Joseph Simons discusses the process for litigating a harassment prevention order in Massachusetts. A harassment prevention order, otherwise known as an HPO, is different from, but similar to, a restraining order. Chapter 258A defines harassment as "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; or an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272."

If you are served with an HPO, the first step is to get a copy of the plaintiff's affidavit from the court clerk's office. The affidavit will give the defendant and his or her attorney a preview of the plaintiff's allegations. From there, you and your attorney can gather evidence and witnesses, if any, in response to those allegations, and prepare your testimony, if you choose to testify at the hearing.

A skilled attorney can provide the defendant with feedback and advice about whether it makes sense for the defendant to testify. In general, if there are criminal charges that go along with the HPO, attorneys often advise against the defendant testifying, as the prosecutor can get ahold of the hearing audio and try to use it against the defendant in the criminal case. That said, it is always up to the individual client to make the decision of whether to testify.

If you are facing an HPO and looking for legal representation, the attorneys at Simons Law Office are experienced with litigating 258E HPO hearings. Call us at 7817970555 today, or contact us at jbsimonslaw.com.