Mitchell v. Mitchell

Six months after Mary Mitchell obtained a G. L. c. 209A abuse prevention order against her husband, James Mitchell, a judge of the Probate Court vacated the order on the husband’s motion seeking to reconsider or vacate it. We consider in this appeal by the wife the appropriate standard for deciding a motion to reconsider or vacate a c. 209A order, and whether the husband’s evidence was sufficient to support the judge’s decision. We conclude that it was not and, therefore, that it was error to vacate the order.

1. Background. After suffering from more than ten years of verbal and physical abuse…