The meaning of the "stay-away" provision in the typical 209A abuse prevention and 258E harassment prevention order - Attorney Steven J. Topazio
HomeThe meaning of the “stay-away” provision in the typical 209A abuse prevention and 258E harassment prevention order

The meaning of the “stay-away” provision in the typical 209A abuse prevention and 258E harassment prevention order

The protected party need not actually be present.

In the case of Commonwealth v Goldman, 94 Mass. App. Ct. 222 (2018), the appeals court concluded that if no distance is specified in a harassment prevention order pursuant to G. L. c. 258E, then the provision that the defendant remain away from the protected party’s residence prohibits the defendant from crossing the residence’s property line, engaging in conduct that intrudes directly into the residence, and coming within sufficient proximity to the property line that he or she would be able to abuse, contact, or harass a protected person if that person were on the property or entering or leaving it.

The appeals court reached a similar interpretation of the stay-away provision in a typical G. L. c. 209A abuse prevention order in the cases of Commonwealth v. Telcinord, 94 Mass. App. Ct. (2018) and Commonwealth v. Watson, 94 Mass. App. Ct. (2018). According to the court in Telcinord, the stay-away order is violated not only when a defendant actually commits an act of contacting or abusing the protected party, but also when the defendant is positioned within sufficient proximity to the property so that he would be able to contact or abuse the protected party if that party were on the property or entering or leaving it.

With both a 209A and 258E orders, the protected party needs not to be present for a violation to occur. Both a 209A and 258E orders are violated not only when a defendant actually commits an act of contacting or abusing the protected party, but also when the defendant is positioned within sufficient proximity to the property so that he would be able to contact or abuse the protected party if that party were on the property or entering or leaving it.