Stalking Charges & Restraining
Orders in Massachusetts
Stalking under MGL c. 265 §43 is a felony carrying up to 5 years in state prison. Stalking-based restraining orders can be issued quickly and have lasting consequences. Attorney Adela Aprodu provides aggressive defense from the first appearance.
Stalking Under Massachusetts Law
Massachusetts General Laws Chapter 265 §43 defines stalking as a course of conduct — two or more acts — directed at a specific person that would cause a reasonable person to suffer substantial emotional distress or to fear for their bodily safety, combined with a credible threat that causes the victim to reasonably fear being killed or suffering serious bodily harm.
Stalking charges are frequently connected to restraining order proceedings. When a victim seeks a 258E Harassment Prevention Order based on stalking behavior, the criminal charge and the civil order often proceed simultaneously — creating compounding legal jeopardy that requires coordinated defense.
- Requires a "course of conduct" — two or more targeted acts
- Must include a credible threat of serious bodily harm or death
- Applies to in-person, electronic, and social media conduct
- Violation of a protective order while stalking carries mandatory minimum sentence
- Second or subsequent conviction carries mandatory minimum 2 years (up to 10 years)
Conduct That Can Constitute Stalking in Massachusetts
- Repeatedly appearing at the victim's home, workplace, school, or places they frequent
- Persistent unwanted phone calls, texts, emails, or social media contact
- Following the victim in person or tracking their location electronically
- Sending threatening or intimidating communications
- Surveilling the victim or monitoring their social media and activities
- Sending unwanted gifts or letters combined with other threatening behavior
- Posting threatening or harassing content about the victim online
How Attorney Aprodu Defends Stalking Charges
- Challenging the "course of conduct" — less than two qualifying acts cannot constitute stalking under the statute
- No credible threat — showing the conduct lacked the required threat component
- Objective reasonableness — demonstrating no reasonable person would fear serious bodily harm from the alleged conduct
- Constitutional speech protection — some expression, even if unwanted, is constitutionally protected
- False or exaggerated allegations — challenging witness credibility and exposing motives to fabricate
- Mistaken identity or insufficient evidence — attacking the prosecution's ability to prove beyond a reasonable doubt
- Stalking restraining order defense — coordinated defense at the civil proceeding and criminal trial
Key Takeaways
- Stalking is a felony — a conviction can result in state prison, loss of firearms rights, and a permanent criminal record
- Second convictions carry a mandatory minimum 2-year prison sentence with no possibility of probation through that period
- Stalking in violation of a protective order carries an additional mandatory minimum
- Online and electronic conduct counts — cyberstalking is treated the same as in-person stalking
- Attorney Aprodu coordinates your criminal defense and your restraining order hearing into a unified strategy
Frequently Asked Questions
Under MGL c. 265 §43, stalking is a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to suffer substantial emotional distress or fear for their safety, combined with a credible threat that causes reasonable fear of being killed or seriously harmed.
A first conviction carries up to 5 years in state prison or 2.5 years in a house of correction. A second or subsequent conviction carries a mandatory minimum 2 years and up to 10 years in state prison. Stalking in violation of a protective order has a mandatory minimum of 1 year, up to 5 years.
Criminal harassment (MGL c. 265 §43A) involves willful, malicious conduct that alarms the victim, without requiring a credible threat of bodily harm. Stalking (MGL c. 265 §43) requires a course of conduct plus a credible threat. Both can form the basis of a 258E restraining order. Stalking carries more serious penalties.
Yes. Massachusetts stalking law explicitly includes cyberstalking. Social media posts, texts, emails, and other electronic communications that form a course of conduct causing fear are treated the same as in-person stalking. Digital evidence — screenshots, metadata, account logs — is often central to these cases.
A stalking restraining order in Massachusetts is typically a 258E Harassment Prevention Order issued based on alleged stalking conduct. It prohibits all contact with the petitioner and may include stay-away provisions. Violation is a separate criminal offense, and stalking while violating a protective order carries mandatory minimum sentences.
Key defenses: fewer than two qualifying acts (no "course of conduct"); no credible threat present; victim's fear was not objectively reasonable; constitutionally protected speech; fabricated or exaggerated accusations; and insufficient evidence to prove guilt beyond a reasonable doubt. Attorney Aprodu analyzes all evidence to build the strongest available defense.
Contact Us Today For a Free Consultation
Facing stalking charges or a stalking restraining order? Attorney Adela Aprodu builds coordinated defense for both.