D.R. v. D.A.
D.R. v. D.A.
Opinion of the Court
The husband
The wife sought to make permanent an abuse prevention order she had obtained against the husband in 2015. In support, she supplied an affidavit that laid out the verbal, physical, and emotional abuse she had suffered at the hands of the husband during their marriage. The affidavit included details of a Facebook post the husband wrote in 2015, in which he described in dramatic narration how someone with the wife's birth date would die. In 2016, a few days prior to the abuse prevention order extension hearing, the husband posted that he "liked" a birthday greeting that someone else had left on the wife's Facebook timeline. In addition to her affidavit, the wife testified during the hearing that she was afraid of the husband and worried that the husband would try to kill her. The judge entered a permanent abuse prevention order.
A person seeking an extension of an abuse prevention order based on " 'fear of imminent serious physical harm' must always show that he or she is currently in fear of imminent serious physical harm, and that such fear is reasonable." Callahan v. Callahan,
The husband argues that the judge abused her discretion when she construed a Facebook "like" as a threat of imminent physical harm. However, the husband ignores the fact that the judge was entitled to interpret the husband's "like" by reference to the totality of the circumstances. See Iamele v. Asselin,
The husband also argues that the judge was required to articulate the wife's burden of proof and to make an explicit finding regarding her credibility; we disagree. What must be clear from the record is that the judge knew the correct standard for deciding whether to extend an abuse prevention order. See Iamele,
Order entered May 17, 2016, affirmed.
The plaintiff and the defendant were married when the plaintiff first sought an abuse prevention order. At the time the plaintiff sought the permanent abuse prevention order, the parties' divorce trial was completed but the judge (who was the same for both the divorce and the c. 209A proceedings) had not issued findings or entered a divorce judgment. For this reason, and for ease of reference, we refer to the defendant as "husband" and the plaintiff as "wife" although they are now divorced.
"Abuse" is defined, in relevant part, as "attempting to cause or causing physical harm" or "placing another in fear of imminent serious physical harm." G. L. c. 209A, § 1, as appearing in St. 1990, c. 403, § 2.
Because it is clear from the record that the judge took all of the circumstances into account, the husband's argument that the judge entered the order without evaluating whether it was reasonably necessary fails.
The wife's request for appellate attorney's fees is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.