D.C. v. D.M.
D.C. v. D.M.
Opinion of the Court
The defendant appeals from two orders entered pursuant to G. L. c. 258E.
The plaintiff's husband was involved in an extramarital relationship with the defendant, which led to her impregnation. The husband's reaction to the news of this pregnancy was not positive; he was in the process of attempting to reconcile with the plaintiff. The defendant reacted by delivering a packet of photographs to the plaintiff's door
"[A] protective order under c. 258E requires a finding of 'harassment,' defined in G. L. c. 258E, § 1, as '[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property.' " O'Brien v. Borowski,
Having reviewed the photographs,
Moreover, even were we to assume that the photographs were unprotected speech such that their delivery constituted an act of harassment, that delivery was a single act. The fact that the envelope contained multiple photographs did not transform the one unitary act of delivery into multiple acts, just as the one-time delivery of a multisentence letter would not constitute multiple acts. See Smith v. Mastalerz,
For these reasons, the harassment prevention order entered on September 27, 2017, and the harassment prevention extension order entered on October 11, 2017, are both vacated.
So ordered.
The first order was entered ex parte on September 27, 2017; the second order extended the first by one year, and entered on October 11, 2017, after a contested evidentiary hearing.
The defendant also contacted the plaintiff's daughter through social media to inform her that the photographs had been left at the plaintiff's door.
We have obtained the photographs and reviewed them, as did the judge who entered the extension order. The judge who entered the initial ex parte order should have reviewed them, but did not.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.