MacDonald v. Caruso

The central issue in this case is the standard to be applied when a defendant seeks to terminate a permanent abuse prevention order under G. L. c. 209A, § 3. We conclude that a defendant who seeks to terminate such an order must show by clear and convincing evidence that, as a result of a significant change in circumstances, it is no longer equitable for the order to continue because the protected party no longer has a reason*383able fear of imminent serious physical harm. Having considered the evidence presented here in support of the defendant’s motion to terminate the permanent order, in light…