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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

D.N. v. A.G., 124 N.E.3d 705 (2019)

Citation
D.N. v. A.G., 124 N.E.3d 705 (2019)
Parent Document
D.N. v. A.G., 124 N.E.3d 705 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-04-01

Full Text

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Discussion. In reviewing the denial of a civil harassment prevention order under G. L. c. 258E, we consider whether the judge erred in finding that the petitioner failed to prove by a preponderance of the evidence that the alleged acts constitute harassment. See A.T. v. C.R., 88 Mass. App. Ct. 532, 535 (2015). Harassment is defined in relevant part as "[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property." G. L. c. 258E, § 1. The standard for assessing a plaintiff's fear is a subjective one. See O'Brien v. Borowski, 461 Mass. 415, 427-428 (2012). However, "fear is narrowly defined as fear of physical harm or fear of physical damage to property." Van Liew v. Stansfield, 474 Mass. 31, 37-38 (2016).