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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

1,082 chars
D.N. also challenges the judge's consideration of her alleged threat to kill N.G., contending that the issue was addressed in the c. 258E proceedings in 2016 and 2017 and, therefore, is precluded. In evaluating a harassment prevention order, "the judge must 'examine the words and conduct "in the context of the entire history of the parties' hostile relationship" ' " (emphasis added). G.B. v. C.A., 94 Mass. App. Ct. 389, 393-394, 398 (2018), quoting Vittone v. Clairmont, 64 Mass. App. Ct. 479, 487 (2005). The fact that the allegation was apparently credited in granting the earlier order does not mean it cannot be considered in whether a new order should issue after more recent acts of harassment. G.B., 94 Mass. App. Ct. at 394. While G.B. pertains to an abuse prevention order pursuant to G. L. c. 209A, such case law is often applied to cases arising under G. L. c. 258E. See A.P. v. M.T., 92 Mass. App. Ct. 156, 161 (2017) (noting analogous origin, purpose, and language of G. L. c. 209A and G. L. c. 258E). This older act can be coupled with the more recent allegations.