HARASSMENT PREVENT ORDERS
Like restraining orders, harassment prevention orders are protective court orders issued due to claims of harassment and threats. Unlike a restraining order that can only be issued against people who are family, household members, or someone with whom you had a substantial dating relationship, harassment preventive orders do not have a relationship requirement. Often this type of order may be sought against a neighbor, landlord or co-worker.
To get a Harassment Prevention Order, you must show that this person has harassed you by committing 3 or more willful or malicious acts aimed at you or your property with the intent to cause fear or intimidation. To get harassment order you must file a complaint for protection from harassment in any District Court, Juvenile Court or Superior Court that covers the area where you live. If you and the defendant are both under the age of 17 however you must go to Juvenile Court in the town you reside. Please be aware that the Probate Courts cannot issue harassment orders they may only issue restraining orders. There is no cost for filing a request for harassment order.
Violation of harassment prevention order is a criminal offense that carries a penalty of not more than 2 1/2 years’ house of correction and or a fine of $5000. A person convicted under this statute may be ordered to complete an appropriate treatment program based on the events and may also be ordered to pay for damages including but not limited to loss of the alleged victim's out-of-pocket expenses for injuries, or property damages, medical costs, and the cost of getting an unlisted phone number.
Sadly, some people seek harassment orders for illegitimate, frivolous reasons or even with malicious intent. When you are served with harassment prevention order, or worse if you are accused of violating harassment order, you should speak with an attorney who has experience in handling these types of matters; call us today.