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Harassment Order- 258E

You can apply for a Harassment order (Order 258E) if you are being harassed by any person, you need three incidents in order to apply. If the harassment is of sexual nature, one incident is enough to be able to apply.

Harassment must be: 

-Intentional and malicious. That means it was done on purpose and it was done out of cruelty, hostility or revenge.  

-They were directed at you.  

-Are intended to cause fear, intimidation, abuse or property damage. “Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.  

-Indeed, caused fear, intimidation, abuse, or property damage.  


If you are of Sexual Origin, you need only one event: 

-Indecent assault and aggression 


- statutory rape 

-Attack with intent to rape 

- Seduction of a child 

-Criminal harassment Drugs for sexual intercourse  


To apply for an order you must have the first and last name, and full address of the person you are referring to.  



Harassment Order Form - 258E




Step-by-step example of what happens when you arrive in court:  


-Go to the clerks office and say you need a harassment order. Right there, if you don't speak English, ask for a translator. Even if you speak some English, it is important that you ask for a translator now, so that you don't wait so long until one arrives to help you with your audience.  


-Clerk will give you the papers to fill out. You might be referred to a Safeplan advocate if they are available. Safeplan advocates assists victims fill out restraining orders and will help with harassment orders if they are available. 


-Inside the room you will fill out the papers, including a sworn statement. If you do not speak English, you will fill this out in Portuguese, and the translator will do the necessary translation. Then hand the forms back to the clerk so they can put them in the system.  

- Clerks will tell you which courtroom your case will be heard in.  


-You will enter this room and sit until your name is called.  


-When called, the judge will ask you some questions and at that moment it is very important that you explain why you need this order.  


-If the judge decides to approve your order, it will only be valid for 10 days.  


-You will go back to the clerk's office to get the copy of the approved order and there you will have the next date to appear in court, which will be 10 days.  


- Within these 10 days, the defendant will be served court papers where he/she learns that there is an order against him/her, and that he/she is entitled to appear on that date.  


-When you appear in court for your second hearing, the defendant may or may not appear, and it is up to the judge to extend the order up to 1 year.  

It is important to know that: 

-This order is Civil, and becomes criminal the moment the defendant violates the terms stipulated by it.  


-If you have any violation of this order, call the police immediately and explain what happened. In this case the defendant will be arrested, depending on the violation he pays a bail and is released until the date of the new hearing. 

Judges Examining Document
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Image by Salman Hossain Saif
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