Restraining Order Citations For Defense Against False Claims of Fear etc.

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.”