P.P. v. S.P.
P.P. v. S.P.
Opinion of the Court
The defendant, S.P., appeals from the issuance of an abuse prevention order entered pursuant to G. L. c. 209A. The plaintiff, P.P., obtained a fourteen-day ex parte order on June 6, 2017. Following an evidentiary hearing, a judge in the District Court extended the order for one year. S.P. appeals from that order claiming, inter alia, that the evidence was insufficient to support a finding that P.P. possessed a legitimate fear of imminent serious physical harm. We agree.
1. Background. P.P. and S.P. were married with one child when the relationship finally and fully disintegrated in 2017. While S.P. was away at annual National Guard training, P.P. moved out of the marital home with their three year old son and obtained a "stay away" order. The affidavit filed in support of the temporary order alleges that S.P. sometimes carries a firearm and verbally abuses P.P. While seeking the extension that is the subject of this appeal, P.P. testified that S.P. once threw eggs at her and nearly hit her with a child's car seat, and is experienced with and in possession of firearms. The judge determined that P.P.'s characterization of the relationship and demeanor at the hearing, coupled with S.P.'s alleged access to firearms, participation in the military, and alleged violation of the initial order, warranted extension of the original order.
2. Discussion. We review the extension of an abuse prevention order for an abuse of discretion or error of law. Crenshaw v. Macklin,
Abuse is defined in c. 209A as "(1) attempting to cause or causing physical harm; (2) placing another in fear of imminent serious physical harm; or (3) causing another to engage involuntarily in sexual relations by force, threat or duress."
P.P. failed to meet her burden of proof. She testified that she is afraid of S.P. because of "his knowledge" of firearms, specifically because he was trained in the military and "is far more comprehensive in his knowledge of firearms than I am."
The judge committed an error of law when he extended the original order for one year because the evidence was insufficient to show P.P. possessed a reasonable fear of imminent serious physical harm. An abuse prevention order carries significant ancillary effects and should not be issued "on the theory that it will do no harm, i.e., 'seems to be a good idea or because it will not cause the defendant any real inconvenience.' " Wooldridge,
Order dated June 20, 2017, vacated.
Although certain testimony at the hearing to extend the order related to alleged incidences of violence and sexual assault, P.P. stated that she was not afraid of involuntary sexual activity and the judge repeatedly and specifically limited questioning to whether P.P. had a reasonable fear of imminent serious bodily harm.
P.P., however, was licensed to carry a handgun (which S.P. was not) and obtaining such a license requires a demonstrated knowledge and familiarity with firearms.
After P.P. moved out of the home, S.P. was arrested for violating the no contact order when he activated a camera used to monitor the child's bedroom and apparently attempted to communicate with P.P. through the camera. The judge stated that he did not consider this a significant violation and did not afford it much weight when making his decision to extend the order. The charge apparently was later dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.