Legal Opinion · Concurrence

Callahan v. Callahan

Massachusetts Appeals Court

Decided May 28, 2014No. 13-P-178Published

1ConcurrenceGraham, J.

At a hearing on a motion for an extension of an original abuse protection order pursuant to G. L. c. 209A, the inquiry is “whether the plaintiff has shown by a preponderance of the evidence that an extension of the order is necessary to protect her from the likelihood of ‘abuse’ as defined in G. L. c. 209A, § 1.” Iamele v. Asselin, 444 Mass. 734, 739 (2005). In determining the issue, a judge must ascertain whether the plaintiff’s “fear of imminent serious physical harm,” G. L. c. 209A, § 1, is reasonable. “[F] actors that the judge should consider include, but are not limited to . . . the…

2Cases cited6 opinions

  1. Iamele v. AsselinMassachusetts Supreme Judicial Court · 2005
  2. Vittone v. ClairmontMassachusetts Appeals Court · 2005
  3. Smith v. JoyceMassachusetts Supreme Judicial Court · 1995
  4. Dollan v. DollanMassachusetts Appeals Court · 2002
  5. Keene v. GangiMassachusetts Appeals Court · 2004

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