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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

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

Full Text

921 chars
Discussion. "In reviewing a civil harassment order under G. L. c. 258E, we consider whether the judge could find, by a preponderance of the evidence, together with all permissible inferences, that the defendant committed acts that constituted one of the enumerated forms of harassment." A.S.R. v. A.K.A., 92 Mass. App. Ct. 270, 274 (2017). As relevant here, harassment is defined 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).