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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

826 chars
"Fighting words" are "face-to-face personal insults that are so personally abusive that they are plainly likely to provoke a violent reaction and cause a breach of the peace." O'Brien, 461 Mass. at 423. "True threats" are statements made with the purpose of communicating "a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals" (citation omitted). Id. A true threat need not threaten imminent harm. See J.C. v. J.H., 92 Mass. App. Ct. 224, 229 (2017). Rather, "aggressive language 'directed at and received by an identified victim may be threatening, notwithstanding the lack of evidence that the threat will be immediately followed by actual violence or the use of physical force.' " O'Brien, supra, quoting Commonwealth v. Chou, 433 Mass. 229, 235 (2001).