D.N. v. A.G.
D.N. v. A.G.
Opinion of the Court
Following an evidentiary hearing after notice, a judge in the District Court declined to issue a harassment prevention order under G. L. c. 258E in favor of the plaintiff (D.N.) against the defendant (A.G. Jr.). D.N. appeals. We affirm.
Background. Because the judge ruled on credibility but did not otherwise express specific findings, we draw the facts from the record. See V.J. v. N.J.,
On June 5, 2018, A.G. Jr., N.G., and A.G. III filed complaints for harassment prevention orders against D.N. pursuant to G. L. c. 258E. On June 11, 2018, D.N. filed complaints for harassment prevention orders against A.G. Jr. and N.G. D.N. alleged that A.G. Jr. (1) piled snow outside D.N.'s house, blocking her car; (2) directed a gang to stalk her; and (3) "cyberstalked" her. D.N. is a retired teacher and also claims that A.G. Jr. is "morally and emotionally bankrupt" as evidenced by his history of tort and defamation against his son's school.
At an evidentiary hearing on all five complaints, the judge found the evidence presented by N.G. and A.G. III credible. The judge issued N.G. and A.G. III harassment prevention orders against D.N. and denied relief on the other three complaints, including D.N.'s complaint against A.G. Jr., which is now before us in this appeal.
Discussion. In reviewing the denial of a civil harassment prevention order under G. L. c. 258E, we consider whether the judge erred in finding that the petitioner failed to prove by a preponderance of the evidence that the alleged acts constitute harassment. See A.T. v. C.R.,
D.N. argues that the judge erred by failing to consider the entire course of A.G. Jr.'s alleged harassment. We cannot, however, "substitute our judgment for that of the judge on credibility questions." Commonwealth v. Werner,
D.N. also challenges the judge's exercise of discretion in allowing A.G. III, a seventeen year old minor, to testify during the hearing. Pursuant to G. L. c. 233, § 20, "[a]ny person of sufficient understanding ... may testify in any proceeding, civil or criminal." See Commonwealth v. Alvarez,
Order of June 12, 2018, denying relief under G. L. c. 258E, affirmed.
D.N. also alleges that A.G. Jr. photographed her in an effort to present evidence against her to the court. We need not address this allegation, as D.N. did not raise it below. See Carey v. New England Organ Bank,
Separately, D.N. also appeals from the harassment orders granted against D.N. in favor of N.G. and A.G. III. See Appeals Ct. Nos. 18-P-1054 and 18-P-1056. Our decisions in those two appeals issue this same day.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.