Corrado v. Hedrick,
Jr. It was argued at the time,
that “general apprehension” does not
rise to the standard set forth under
M.G.L.A. c. 209A, § 1
Jones v. Gallagher,
54 Mass App. Ct. 883 (2002). The Massachusetts
Appeals Court noted in Jones v. Gallagher,
that “the defendant bears no burden
to testify or present evidence, as
the burden is on the plaintiff to
make a case for relief.” It
appears that in making the order permanent
the judge inappropriately used the
mere existence of the earlier order
Mass. App. Ct. Wooldridge v. Hickey
Mass. App. Ct. Dolan v. Dolan"
- Generalized
apprehension, nervousness, feeling
aggravated or hassled, i.e., psychological
distress from vexing but nonphysical
intercourse, when there is no threat
of imminent serious physical harm,
does not rise to the level of fear
of imminent serious physical harm....
The judge must focus on whether serious
physical harm is imminent and should
not issue a
c. 209A order on the theory that
it will do no harm.”
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