Stalking

Highly Skilled Boston Criminal Defense Attorney Defending Clients Charged with Domestic Violence Crimes

Stalking charges in Massachusetts carry weight far beyond what many people expect. These cases often begin with a breakup, a family dispute, or a misinterpreted effort to reconnect—and they can quickly escalate into a full-blown criminal case involving protective orders, harsh penalties, and lasting reputational damage. If you’ve been accused of stalking in Boston, it’s critical to understand what the law really says and how the court system treats these allegations. The Law Office of Patrick J. Murphy has over 27 years of experience defending clients in domestic violence-related offenses, including stalking. As a Boston criminal defense lawyer with specific experience handling domestic violence matters, Attorney Murphy provides serious, strategic representation when your freedom and future are on the line.

What Counts as Criminal Stalking Under Massachusetts Law?

Under Massachusetts General Laws Chapter 265, Section 43, stalking is defined as:

• A willful and malicious pattern of behavior
• Directed at a specific person
• With the intent to cause fear, intimidation, or emotional distress
• And that does, in fact, cause such fear or distress

It’s not about a single message or awkward encounter. Stalking charges require proof of a repeated pattern—such as repeated texts, phone calls, showing up at someone’s home or work, or other unwanted contact that continues despite warnings or court orders.

When Stalking Allegations Follow a Breakup or Family Dispute

Many stalking accusations emerge from emotionally charged situations: a difficult breakup, a custody battle, or a fight between ex-partners or relatives. One party may believe they’re trying to resolve a conflict or check in on their child, while the other sees it as harassment. Massachusetts law doesn’t require physical violence to bring stalking charges—emotional distress alone can be enough.

When the alleged victim is a current or former partner, spouse, roommate, or family member, the case is often categorized as a domestic violence offense, triggering more aggressive prosecution and the possibility of additional protective orders under Chapter 209A.

The Real-World Consequences of a Stalking Charge in Boston

A conviction for stalking in Massachusetts can result in:

• Up to 5 years in state prison or 2½ years in jail
• Fines up to $1,000
• Mandatory participation in counseling or psychological evaluation
• A permanent criminal record
• Additional time if the offense violated a restraining order

Stalking is also considered a domestic violence crime when it involves family or household members. This can lead to automatic restrictions on firearm ownership and complications in family court, including custody disputes.

How Prosecutors Try to Prove Stalking—and How to Fight Back

Stalking cases are often built on digital evidence—text messages, call logs, emails, and social media activity—as well as testimony from the alleged victim and other witnesses. But these cases are rarely as open-and-shut as the prosecution presents them.

For example, effective defense strategies include:

Lack of intent. The prosecution must show that you willfully and maliciously intended to cause fear or distress. If your contact was non-threatening or had a legitimate purpose (like arranging parenting time), that may undercut their case.

No pattern of conduct. A single incident, even if unwanted, usually isn’t enough to sustain a stalking charge. The law requires a clear pattern of behavior, which the prosecution must prove.

False or exaggerated allegations. In contentious personal disputes, stalking accusations can be used as leverage—especially in divorces or custody cases. Inconsistencies, lack of corroboration, or motive to lie can be powerful tools for the defense.

No actual fear or distress. Even if contact occurred, the alleged victim must prove that it caused genuine fear or emotional harm. If there’s evidence of mutual communication or a friendly tone in prior messages, that may help challenge their claims.

As a veteran Boston domestic violence defense attorney, Attorney Murphy will carefully review all communications, challenge assumptions made by the police, and ensure your side of the story is told clearly and effectively.

Why You Shouldn’t Wait to Address a Stalking Allegation

Stalking cases are often emotionally charged and legally complex. Even if you believe the accusation is exaggerated or unfounded, ignoring it can lead to arrest, jail time, and permanent damage to your reputation. And if the alleged conduct overlaps with a protective order or restraining order, the consequences can be even more severe.

Attorney Patrick J. Murphy works quickly to assess the facts, identify weaknesses in the prosecution’s case, and negotiate or fight for the best possible outcome. In many situations, charges can be reduced, dismissed, or resolved without a conviction—but timing matters.

If you’ve been accused of stalking in Boston, call the Law Office of Patrick J. Murphy today at (617) 367-0450. Don’t wait until a bad situation gets worse—get the defense you need now.