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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

M.L.M. v. E.M., 123 N.E.3d 802 (2019)

Citation
M.L.M. v. E.M., 123 N.E.3d 802 (2019)
Parent Document
M.L.M. v. E.M., 123 N.E.3d 802 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-21

Full Text

654 chars
The judge was entitled to credit the plaintiff's testimony that she was "presently in fear that [the defendant] would cause [her] physical harm." Although she did not expressly testify that she feared such harm would be "serious," a plaintiff seeking a c. 209A order is not required to speculate to the judge about the precise manner or degree of harm the defendant may inflict upon her. The judge could properly find from the many steps the plaintiff took to protect herself -- including locking doors, calling the police to the house, avoiding going home, and making video recordings of the defendant's conduct -- that she feared serious physical harm.