Legal Opinion

J.S. v. J.G.

Massachusetts Appeals Court

Decided October 5, 2018No. 17-P-1318Published

1Opinion of the Court

The plaintiff applied for a G. L. c. 209A abuse prevention order against the defendant. A District Court judge denied the plaintiff's request at both the ex parte hearing and the hearing after notice ten days later. On appeal, the plaintiff argues that the judge applied the wrong legal standards to evidentiary issues and to the ultimate question of whether the plaintiff had proved "abuse" within the meaning of c. 209A. Because we cannot discern from the record whether the judge believed that he was required to apply strict rules of evidence at the hearing, or merely used his discretion to…

2Cases cited7 opinions

  1. Frizado v. FrizadoMassachusetts Supreme Judicial Court · 1995
  2. Callahan v. CallahanMassachusetts Appeals Court · 2014
  3. E.C.O. v. ComptonMassachusetts Supreme Judicial Court · 2013
  4. In re G.P.Massachusetts Supreme Judicial Court · 2015
  5. Carroll v. KartellMassachusetts Appeals Court · 2002

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