Harassment Prevention Order Against Retired Businessman Does Not Issue

Our client is a retired business man. He is an immigrant who worked hard for years, obtained citizenship and enjoys his retirement.  He meets with friends every afternoon for coffee and reminiscing.

Several weeks ago he and his wife along with some friends met at their preferred coffee shop. He was approached by the ex-wife of a friend who took issue with our client continuing his friendship with this man. She began to publicly insult him. She called him a plethora of foul names in their native language. She left the coffee shop, went to the courthouse and applied for a 258E harassment prevention order.

In her supporting affidavit she claimed that our client threw coffee at her, threatened her with physical harm and punched her in the chest. Notwithstanding the incredulity of the accusations she was given a hearing. We prevailed at that hearing by showing the judge that the requisite 3 acts of abuse did not occur thus preventing the issuance of the order. 

Harassment Prevention Orders in Massachusetts are governed by G.L. c. 258E. In the context of this case, for a judge to issue a lawful HPO he would have to have found that our client: 1) Committed 3 malicious acts with cruelty, hostility or revenge, 2) Directed at the plaintiff and 3)With the intention to cause fear, intimidation or abuse. He did not and the order did not issue.

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