258E Harassment Prevention Orders Involving Students and Children in Massachusetts

A parent whose child is being threatened, followed, hit, or tormented online by another student can ask a Massachusetts judge for a 258E harassment prevention order on the child’s behalf. The parent files the complaint in the Juvenile Court if the other student is under 18, because the Juvenile Court has exclusive jurisdiction over every harassment prevention case against a minor. G.L. c. 258E, § 2. A parent whose child has been served with a 258E complaint appears in the same court, usually within ten court business days, to contest the order.

A judge can issue a 258E harassment prevention order against a child of any school age. The Appeals Court upheld an order against an eleven-year-old sixth grader in A.T. v. C.R., 88 Mass. App. Ct. 532 (2015). The Supreme Judicial Court reviewed an order that a Juvenile Court judge had issued against a nine-year-old fourth grader in Piper P. v. Barron B., SJC-13854 (October 5, 2026). The standard of proof is the same for a child as for an adult. Three things differ for a child. A judge can order a student to stay a set distance from a classmate at the same school. The order can end when the defendant turns 18. The court record stays in the state’s protective order database after the order ends.

This page explains which court hears a harassment prevention case involving a minor, who files for a child, what the plaintiff must prove, what the judge can order, how the hearing works in the Juvenile Court, what the school must do under the bullying law, what happens when a student violates the order, and what happens to the record. Attorney Joe Serpa represents parents and children on both sides of these cases, in the Juvenile Court when the defendant is a minor and in the District Court and the Boston Municipal Court when the defendant is an adult.

Which Court Hears a Harassment Prevention Case Involving a Minor

The Juvenile Court has exclusive jurisdiction over a 258E case in which the defendant is under 18. The plaintiff files in the division of the Juvenile Court for the place where the plaintiff lives. G.L. c. 258E, § 2. The Juvenile Court divisions of Suffolk, Norfolk, and Middlesex Counties hear the cases that arise in Boston and the surrounding towns.

The defendant’s age controls the court, not the plaintiff’s age. A minor who seeks an order against an adult files in the District Court, the Boston Municipal Court, or the Superior Court for the place where the minor lives. A minor who seeks an order against another minor files in the Juvenile Court.

A parent who walks into a District Court with a complaint against a minor is not turned away. The Trial Court’s guidelines give the court three options. The court can send the parent to the Juvenile Court clerk’s office in the same building, a Juvenile Court judge can hold the first hearing by videoconference, or a specially designated judge can hear the request. The case then returns to the Juvenile Court for the hearing after notice. Guideline 1:05A of the Guidelines for Judicial Practice: Harassment Prevention Proceedings (October 2025). A parent who needs an order at night or on a weekend calls the police, who contact the on-call judge for an emergency order. G.L. c. 258E, § 6.

Chapter 258E sets no minimum age for a defendant. Section 3(a) authorizes each form of relief “whether the defendant is an adult or minor.” In A.T. v. C.R., the defendant argued that the Legislature never meant the statute to apply to an eleven-year-old. The Appeals Court rejected the argument. The court held that the defendant’s age bears on his intent, and that the Legislature answered the question by giving the Juvenile Court, the court most experienced with children, exclusive authority over orders against juveniles. In Piper P., two justices of the Supreme Judicial Court wrote separately to urge the Legislature to decide whether a court should issue a harassment prevention order against a child under twelve, because the 2018 criminal justice reform removed children under twelve from the delinquency jurisdiction of the Juvenile Court. The majority applied the statute as written.

Who Files for a Child

A parent or guardian files the 258E complaint on behalf of a child who is under 18. Guideline 1:05. The parent completes the complaint, the affidavit describing each incident, and the confidential information form. The child does not have to appear at the first hearing unless the judge requires it. The court confirms that the adult who files has legal authority over the child. The Department of Children and Families files for a child in its custody.

A 16- or 17-year-old who comes to court alone is not turned away. The guidelines direct the judge to try to bring a parent or guardian in, by telephone or videoconference if necessary, and direct the judge not to deny an order to a mature minor solely because no adult is present. Guideline 1:05. The firm’s page on how to get a 258E harassment prevention order explains the complaint, the affidavit, and the ex parte hearing step by step.

A school cannot file a 258E complaint for a student. The complaint belongs to the child and the child’s parent or guardian. A school that determines that bullying occurred must notify the parents of both students and must notify the police when the principal believes that criminal charges may be pursued. G.L. c. 71, § 37O(g). The school’s own response does not replace the parent’s right to seek a court order. G.L. c. 71, § 37O(i).

What the Plaintiff Must Prove

The plaintiff must prove, by a preponderance of the evidence, that the defendant committed three or more separate acts of willful and malicious conduct aimed at the plaintiff, that the defendant committed each act with the intent to cause fear, intimidation, abuse, or damage to property, and that the acts in fact caused fear, intimidation, abuse, or damage to property. G.L. c. 258E, § 1. One act is enough when the defendant forced the plaintiff into sexual relations or committed one of the crimes specified in § 1, including indecent assault and battery on a child and rape of a child. The standard is the same for a child defendant as for an adult. The child’s age bears on whether the child intended to cause fear. A.T. v. C.R., 88 Mass. App. Ct. 532 (2015).

The appellate decisions show what counts and what does not count as an act in a case between students. In A.T. v. C.R., the eleven-year-old defendant made a sexual comment to the plaintiff during a video chat while a friend recorded the call, told the plaintiff the next day that he would make her life a living hell if she showed the recording to anyone, and later said that he wanted to punch her in the breasts. The Appeals Court held that each of those three events was an act of harassment and upheld the order. The court wrote that the sexual comment, made in private, would probably not have been an act of harassment on its own, but that a classmate’s recording of the comment made it a humiliating moment that could be replayed on social media and made it part of a pattern.

In F.K. v. S.C., 481 Mass. 325 (2019), a high school senior recorded a rap song with lyrics describing violence against two classmates, posted the song on a music site, and linked it on a social media account where at least six classmates saw it. The Supreme Judicial Court held that the song was one act, not three. The court held that a plaintiff cannot divide one song into separate acts by counting its lyrics, that posting the same song on two sites in close succession was one continuous act, and that the act was not multiplied by how many classmates heard it. The court vacated both orders.

In Orla O. v. Patience P., 100 Mass. App. Ct. 126 (2021), a juvenile and two other girls confronted the plaintiff at a shopping mall, followed her into a bathroom, locked the door, kicked and punched her, and threatened to stab her if she told anyone. The Juvenile Court judge extended the order. The Appeals Court vacated the order, because the entire event lasted ten or eleven minutes and was one continuous event rather than three separate acts. The court noted that the defendant faced criminal charges for the same conduct, and that other protections might be available to the plaintiff while that case was pending, including conditions of release in the criminal case. A parent whose child was attacked once should talk with a lawyer about the delinquency complaint and the conditions of release, and about a 258E complaint if other incidents exist.

Words alone count as an act only when they are a true threat or fighting words. O’Brien v. Borowski, 461 Mass. 415, 423-425 (2012); Seney v. Morhy, 467 Mass. 58, 63 (2014). A student’s insult, a cruel post, or an exclusion from a group chat is not an act of harassment under § 1 unless the words threaten harm or provoke an immediate fight. The firm’s post on criminal harassment, 258E orders, and the First Amendment explains the speech rules. A student who pushes, hits, follows, blocks, takes property, or sends a threat has committed an act whether or not the words alone would qualify.

The school’s definition of bullying is broader than the court’s definition of harassment. The bullying law counts the repeated use of a written, verbal, or electronic expression or a physical act that causes emotional harm, creates a hostile environment at school, or infringes on the victim’s rights at school. G.L. c. 71, § 37O(a). A school can find bullying on facts that would not support a 258E order, and a school can find no bullying on facts that would. The school’s investigation report is still evidence at the hearing. In Piper P., a Juvenile Court judge issued an order after crediting a fourth grader’s testimony that a classmate pushed her into a corner, kicked her in the head, and stepped on her hand in gym class. The school’s investigation under § 37O did not substantiate the allegations, and the judge then ended the order.

What the Judge Can Order

A judge can order a child defendant to refrain from abusing or harassing the plaintiff, to refrain from contacting the plaintiff, and to remain away from the plaintiff’s household or workplace. The judge can also order the defendant to pay the plaintiff’s losses, including medical expenses. G.L. c. 258E, § 3(a). The statute names the plaintiff’s household and workplace. The statute does not name the plaintiff’s school.

The Trial Court’s guidelines tell judges that an order written for adults may not fit two children at the same school. A judge can order the defendant to stay a set distance from the plaintiff inside the school instead of barring the defendant from the school. The guidelines encourage the judge to ask the parties to obtain a school safety plan, and to incorporate the plan into the order, where the parties attend the same school and the conduct happened mostly at school, so that both students keep attending. Guideline 1:05A. In A.T. v. C.R., where the two sixth graders were in a class of twelve students, a single justice of the Appeals Court reduced the stay-away distance to ten yards, and the Appeals Court upheld the order with that distance.

An order after notice lasts up to one year, and the plaintiff can ask the court to extend it when it expires. G.L. c. 258E, § 3(d). Either party can move to modify the order. G.L. c. 258E, § 3(e). The guidelines direct the Juvenile Court judge, where the defendant will turn 18 before the order expires, to set the expiration date at or near the eighteenth birthday and to tell the plaintiff that continued protection requires an application in the District Court, the Boston Municipal Court, or the Superior Court. That court treats the application as an extension. The plaintiff does not have to prove the original incidents again. The defendant has the right to be heard, and the question is whether an extension is necessary to protect the plaintiff. Guideline 1:05A.

A judge who issues a temporary order on a finding of a substantial likelihood of immediate danger of harassment must suspend any firearm identification card the defendant holds and must order the defendant to surrender any firearms. G.L. c. 258E, § 4A. The firm’s page on firearm surrender under a 258E harassment prevention order explains that procedure.

The Hearing in the Juvenile Court

The judge can issue a temporary order on the day the parent files, after hearing the parent without the defendant present, when the parent shows a substantial likelihood of immediate danger of harassment. The court must then hear the defendant not later than ten court business days after the temporary order. G.L. c. 258E, § 5. The police serve the complaint, the affidavit, and the temporary order on the defendant. A parent or guardian should accompany a child defendant to the hearing. The judge tries to bring a parent in for a child who appears alone. The judge does not refuse to act solely because no parent can be contacted. Guideline 1:05A.

A 258E hearing in the Juvenile Court is open to the public, even when both parties are children. A delinquency hearing is closed. The court protects the children by keeping the records from public inspection and by limiting the identifying information that appears in open court. Guideline 1:05A. G.L. c. 258E, § 10.

The rules of evidence are relaxed. The judge may consider the affidavit, the testimony of the parents and the children, screenshots, text messages, school records, and the school’s investigation report, as long as the judge is fair about what the judge admits and relies on. Frizado v. Frizado, 420 Mass. 592, 597-598 (1995). The defendant has the right to cross-examine the plaintiff and the plaintiff’s witnesses. The defendant can offer the recordings, the messages, and the witnesses that show what happened. In F.A.P. v. J.E.S., 87 Mass. App. Ct. 595 (2015), the Appeals Court held that a Juvenile Court judge who hears a 258E complaint based on an allegation that an eleven-year-old committed a sexual crime against a seven-year-old must decide whether the plaintiff proved the crime by a preponderance of the evidence, and cannot leave that question to the parallel delinquency case.

A child who faces a delinquency complaint for the same conduct has the same Fifth Amendment protection as an adult. A child who testifies at the 258E hearing gives the Commonwealth a sworn account that the prosecutor can use in the delinquency case. The judge may draw an adverse inference from a defendant’s silence in a civil case, but the silence alone does not satisfy the plaintiff’s burden of proof. Frizado v. Frizado, 420 Mass. 592 (1995). The firm’s page on the Fifth Amendment in Massachusetts civil cases explains how a lawyer handles the two cases together.

The School’s Role

Every Massachusetts school must have a bullying prevention and intervention plan. G.L. c. 71, § 37O(d). A staff member who sees or learns of bullying must report it to the principal, and the principal must investigate promptly. A principal who finds that bullying occurred must notify the parents of the student who was bullied and the parents of the student who did the bullying, must take disciplinary action, and must notify the local police when the principal believes that criminal charges may be pursued. G.L. c. 71, § 37O(g). Retaliation against a student who reports bullying is prohibited.

A school’s schedule change, a seating change, or a no-contact instruction from a principal is not a court order. The police enforce only the court order, and only a violation of the court order is a crime. A parent who wants an order that the police can enforce files the 258E complaint, whether or not the school has acted. A parent whose child is accused should ask the school for a copy of the investigation report, because both families will use the report at the hearing.

A court order and a school safety plan work together. The guidelines encourage the judge to write the plan into the order. A plan that keeps the two students in separate classes, separate lunch periods, and separate buses gives the order terms that a principal can enforce during the school day.

What Happens When a Student Violates the Order

A violation of a harassment prevention order is a crime. G.L. c. 258E, § 9. A police officer who has probable cause to believe that the defendant violated the order must arrest the defendant. G.L. c. 258E, § 8. The Commonwealth brings the violation as a delinquency complaint in the Juvenile Court against a defendant between twelve and seventeen. The Commonwealth cannot prosecute a child under twelve for any crime, including a violation of the order. The firm’s page on juvenile delinquency and youthful offender defense explains what happens to a child charged in the Juvenile Court.

Contact that happens because two students attend the same school is the most common violation allegation. The Commonwealth must prove that the defendant knew the terms of the order and intentionally violated an enforceable term. A student who passes the plaintiff in a hallway while walking to class has not violated a no-contact order. A student who sends a message through a friend has. The firm’s page on violating a 258E harassment prevention order explains the elements and the defenses.

The Record After the Order Ends

The clerk sends every harassment prevention order to the Commissioner of Probation for entry in the statewide domestic violence record keeping system. G.L. c. 258E, § 9. The record stays in that system after the order expires. The record does not appear on a criminal record (CORI), and a 258E order is not a conviction. Courts and police see the record in any later 209A or 258E case involving the same child.

Records of a 258E case in which the plaintiff or the defendant is a minor are withheld from public inspection unless a judge orders otherwise. The child, the child’s parent, guardian, and attorney, and the plaintiff and the plaintiff’s attorney can inspect the records. G.L. c. 258E, § 10. A college, an employer, or a landlord cannot pull the court file.

A judge who vacates an order directs the police department that served the order to destroy its record of the order. G.L. c. 258E, § 9. The Commissioner of Probation’s record is not destroyed. The Supreme Judicial Court held in Piper P. v. Barron B. that no statute authorizes a judge to expunge the record of a 258E order, that a judge has no inherent authority to expunge it, and that the one exception is an order obtained through fraud on the court, which the defendant must prove by clear and convincing evidence. The Court held that evidence later found to be unsupported is not fraud on the court. The Court applied that rule to a nine-year-old whose order a Juvenile Court judge had ended after the school’s investigation did not substantiate the allegations. The firm’s page on expunging a 209A restraining order or 258E harassment prevention order explains the decision and the fraud on the court standard.

The hearing after notice is the point at which a parent protects a child’s record. A defendant who contests the order at the hearing after notice and wins has a record of a temporary order that lasted days, not a one-year order. A defendant who appeals an order and wins has the order vacated and the police record destroyed. An appeal from a 258E order goes to the Appeals Court, and the Appeals Court decides the appeal even after the order expires. Seney v. Morhy, 467 Mass. 58 (2014). A defendant who lets a one-year order run out has a record that no court can remove.

Attorney Serpa’s Representation in These Cases

Attorney Serpa represents the parent and child who need an order and the parent and child who have been served with one. Attorney Serpa reviews the complaint, the affidavit, the messages, the recordings, and the school’s investigation report with the family, prepares the testimony and the exhibits, and appears at the hearing himself. Serpa Law Office is a one-lawyer office. A family that calls on the day the judge issues the temporary order gives Attorney Serpa the full ten court business days to prepare. Attorney Serpa appears in the Juvenile Court divisions of Suffolk, Norfolk, and Middlesex Counties, and in the Boston Municipal Court and the District Courts of Greater Boston when the defendant is an adult. Call 617.936.0201 for a confidential consultation.

Frequently Asked Questions About Harassment Prevention Orders Involving Students and Children

Related Serpa Law Office Resources

• Massachusetts 258E Harassment Prevention Orders: Defense and Plaintiff Representation
• How to Get a 258E Harassment Prevention Order in Massachusetts
• Criminal Violation of a 258E Harassment Prevention Order
• Expunging a Massachusetts 209A Restraining Order or 258E Harassment Prevention Order From the Registry
• Juvenile Delinquency and Youthful Offender Defense in Massachusetts
• Roommate Restraining Orders in Massachusetts: College Dorms, Student Apartments and Criminal Charges
• Massachusetts Student AI Deepfake and Explicit Image Defense
• Massachusetts Criminal Harassment Defense
• Criminal Harassment, 258E Orders, and the First Amendment
• When Does Unwanted Contact Become Harassment Under Massachusetts Law?
• The Fifth Amendment in Massachusetts Civil Cases
• Digital Evidence in Massachusetts Criminal Cases
• Firearm Surrender Under a Massachusetts 258E Harassment Prevention Order
• Massachusetts Restraining Orders and Harassment Prevention Orders