Legal Opinion

Preston v. Tracy

Supreme Judicial Court of Maine

Decided February 28, 2008PublishedCited by 15 opinions

1Opinion of the CourtMead, J.

[¶ 1] Kelly Preston appeals from a judgment of the District Court (Bangor, Stitham, J.) dismissing her complaint for protection from abuse following a contested hearing. Preston contends that the court erred in finding that she did not meet her burden of proof by a preponderance of the evidence, and in finding by clear and convincing evidence that she had willfully misused the protection from abuse process in an attempt to gain a tactical advantage over William Tracy in an anticipated proceeding to modify parental rights and responsibilities. We modify the judgment and, as modified, we affirm.

2Cases cited3 opinions

  1. Jacobs v. JacobsSupreme Judicial Court of Maine · 2007
  2. State v. DurantSupreme Judicial Court of Maine · 2004
  3. Campbell v. CampbellSupreme Judicial Court of Maine · 1992

3Cited by15 opinions

  1. Handrahan v. MalenkoSupreme Judicial Court of Maine · 2011
  2. Frederick B. Lincoln v. Harold Burbank IISupreme Judicial Court of Maine · 2016
  3. Adoption of Hali D.Supreme Judicial Court of Maine · 2009
  4. Arn H. Pearson v. Mary Lou WendellSupreme Judicial Court of Maine · 2015
  5. Uliano v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 2009

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