258E Harassment Prevention Orders FAQ: A Criminal Defense Perspective

1. What is a 258E Harassment Prevention Order?

A 258E Harassment Prevention Order is a civil order issued to protect individuals from harassment, stalking, or sexual assault. Unlike 209A restraining orders, there is no requirement for a specific relationship between the parties. These orders can apply to disputes between neighbors, coworkers, acquaintances, or even strangers.

However, harassment orders are frequently misused by individuals seeking to settle personal disputes or gain leverage in unrelated matters, like neighbor disputes or workplace disagreements. Attorneys Murat Erkan and Ryan Sullivan specialize in exposing these motives and defending clients against unwarranted orders.

2. What qualifies as harassment under Chapter 258E?

The plaintiff (person requesting the order) must prove one of the following:

1. Three or more willful and malicious acts:
   • Done intentionally and for cruelty, hostility, or revenge.
   • Directed at the plaintiff.
   • Intended to cause fear, intimidation, abuse, or property damage.
   • That actually caused the plaintiff fear, intimidation, abuse, or property damage.
2. A single act of sexual coercion or threat:
   • Forcing or threatening the plaintiff to engage in sexual relations.
3. A criminal act of a sexual or harassing nature, such as:
   • Indecent assault and battery.
   • Rape or statutory rape.
   • Assault with intent to rape.
   • Stalking or criminal harassment.
   • Drugging for sexual intercourse.

While these legal standards may seem stringent, judges often err on the side of caution and grant orders even when the evidence is weak or the claims are exaggerated. That is why having an experienced attorney is critical. We will hold the judge’s feet to the fire to ensure that if there are any deficiencies in the case, no order will issue.

3. What is the process for obtaining a 258E Harassment Prevention Order?

The process involves:

1. Ex Parte Hearing: The plaintiff presents their case without your presence. A temporary order may be granted if the judge believes there is immediate danger.
2. Full Hearing: A hearing is scheduled, usually within 10 days, where both parties can present evidence and testimony. The judge will decide whether to issue a long-term order.

If you are notified of a hearing, it is vital to prepare a defense immediately. Even seemingly frivolous cases require a detailed and strategic response to convince the judge not to issue or extend the order. Remember that no judge ever got in trouble for granting too many restraining orders. Given that tendency, only the most persuasive lawyers can convince judges to put their own neck on the line by declining to grant a harassment prevention order.

4. What are the potential consequences of a 258E Harassment Prevention Order?

• Criminal Charges: Violating the order can result in arrest, fines, and potential jail time.
• Reputation Damage: Orders are public records and can harm your personal and professional reputation.
• Professional Consequences: Background checks may reveal the order, affecting job prospects or professional licenses.
• Restricted Freedom: The order may limit your ability to visit certain places or engage in specific activities.

Given these serious consequences, defending yourself vigorously is crucial.

5. How can Erkan & Sullivan, P.C. help defend against a 258E order?

Our attorneys have extensive experience handling harassment prevention orders and know how to craft a winning defense. We focus on:

• Challenging Legal Sufficiency: Many orders are granted without the plaintiff meeting the legal standards. We will analyze the allegations to identify and expose these deficiencies.
• Scrutinizing Evidence: We examine the plaintiff’s claims for inconsistencies, exaggerations, or lack of corroboration.
• Exposing Motives: Harassment orders are often sought for personal vendettas, to gain leverage in other matters, and other circumstances having nothing to do with fear of abuse. We will ferret out evidence of these ulterior motives and expose them to the judge.
• Strong Advocacy in Court: Judges often grant orders out of caution. Our commanding courtroom presence and persuasive arguments can make the difference between an order being granted or dismissed.

6. Why should I fight a 258E Harassment Prevention Order?

Even if you believe the claims are frivolous, an issued order can have long-lasting consequences. These include damage to your reputation, loss of professional opportunities, and the risk of criminal charges for alleged violations. Proactively defending yourself not only protects your record but also prevents future complications.

7. What should I do if I am accused of violating a 258E order?

A violation of a harassment prevention order is a criminal offense and can lead to immediate arrest and additional charges. If you are accused:

• Do Not Contact the Plaintiff: Even indirect communication can be considered a violation. And even if the Plaintiff initiates contact with you, do yourself a favor and don’t respond. The order is not a two-way street. They Plaintiff can egg you on all they want, but if you respond, it is you who will pay the price.
• Document the Allegation: Keep detailed records of the events leading up to the accusation.
• Contact an Attorney Immediately: Our team will investigate the circumstances of the alleged violation and build a defense to protect your rights and freedom.

8. What are common defenses to a 258E Harassment Prevention Order?

We commonly use the following defenses:

• Lack of Intent: Proving that your actions were not malicious or intended to harass.
• Insufficient Evidence: Demonstrating that the plaintiff’s claims do not meet the legal definition of harassment.
• Exposing Misuse of the Order: Showing that the order is being used for personal or retaliatory reasons.
• Freedom of Speech Protections: Certain allegations, such as public statements, may be constitutionally protected.

9. Why choose Erkan & Sullivan, P.C. for your defense?

Attorneys Murat Erkan and Ryan P. Sullivan bring decades of combined experience in criminal defense and restraining order cases. As former prosecutors, they have a deep understanding of how these cases are built and how to dismantle them effectively.

Our approach includes:

• Thorough preparation and investigation.
• Strategic arguments tailored to the specific circumstances of your case.
• Commanding courtroom advocacy to challenge frivolous or unsupported claims.

We understand how high the stakes are and are committed to protecting your rights, reputation, and freedom.

10. How can I prepare for a 258E Harassment Prevention Order hearing?

• Gather Evidence: Collect any emails, texts, or documents that refute the plaintiff’s claims.
• Identify Witnesses: Find people who can testify to your character or provide evidence in your favor.
• Avoid Contact: Do not communicate with the plaintiff, as this could be seen as harassment or a violation.
• Work with Experienced Attorneys: Contact Erkan & Sullivan, P.C. early to develop a comprehensive defense strategy.

If you or a loved one is facing a 258E Harassment Prevention Order hearing, contact Erkan & Sullivan, P.C. at (978) 474-0054 or send us an email. We will help you protect your rights and fight against unwarranted allegations.