Massachusetts takes harassment and violent crimes, including domestic violence or other offenses related to restraining orders, very seriously in Massachusetts. If you have been charged with stalking or have committed stalking in violation of a restraining order in Massachusetts, you could be facing serious criminal penalties. To learn more about your legal rights and options, call the criminal defense attorney at The Law Office of Paul R. Moraski today. 

How Is Stalking Defined?

As found in Massachusetts Code Chapter 265 Section 43,”whoever 1) willfully and maliciously engaged in a knowing pattern of conduct or series of acts over a period of time directed at a specific personal which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and 2) makes a threat with the intent to place the person in imminent fear or death or bodily injury…” is guilty of the crime of stalking. 

Under this same statute, stalking is punishable via a period of imprisonment in the state prison for up to five years and a fine of up to $2,500. 

Note that stalking doesn’t just mean following someone. It includes both speech and conduct. What’s more, individual actions don’t have to be alarming in order to secure a conviction, but the collection of acts must be alarming. 

What Is Stalking in Violation of a Protection Order? 

Stalking in violation of a protection order is a more serious crime because it is actually two criminal acts: stalking and violating a protection order. An order of protection, also known as a protection order or restraining order, is a court order that protects one person by prohibiting another person from engaging with them, including approaching them within certain physical distances. 

Outside of the statute, stalking has certain elements that the prosecution must prove in order to secure a conviction. The incident must occur three or more times, the accused must have had intent to target the victim (e.g., they couldn’t just have accidentally been in the same place at the same time), and the acts were committed willfully and maliciously. 

For stalking in violation of a protection order, there is a mandatory minimum sentence of one year in prison. The maximum prison sentence for this crime is five years. 

What to Do if Facing Criminal Charges

If you are facing criminal charges for stalking in violation of a protection order, it is strongly recommended that you seek legal counsel as soon as possible. As noted above, a conviction can result in a mandatory minimum sentence of one year in prison — a serious consequence. To get the legal help you need fast, call The Law Office of Paul R. Moraski directly today at (978) 397-0011 or use the intake form on our website to send a confidential message about your case.