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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

747 chars
Here, it is clear that the judge carefully observed the parties and additional witnesses and listened thoughtfully to the evidence. As fact finder, the judge had the authority to evaluate the witnesses' testimony and weigh the conflicting evidence. See Commonwealth v. Werner, 81 Mass. App. Ct. 689, 698 (2012) ("We are in no position to substitute our judgment for that of the judge on credibility questions"). After careful review, we are satisfied that the judge was warranted in issuing the order based on D.N.'s kicking her leg out at N.G.'s car, which could be very dangerous to both parties; D.N.'s statement that "[y]ou have every reason to be scared of me"; and D.N.'s threat to kill N.G. in 2016.5 We see no error or abuse of discretion.