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EVIDENCE STANDARDS IN 209A ORDER EXTENSIONS

EVIDENCE STANDARDS IN 209A ORDER EXTENSIONS: WHAT COURTS LOOK FOR

In Massachusetts, 209A abuse prevention orders are vital tools for protecting individuals from domestic violence. These orders, initially granted based on immediate risk, can be extended if the danger persists. The process for extending a 209A order requires presenting substantial evidence to convince the court of the ongoing need for protection. Understanding the evidence standards that courts look for during these extension hearings is crucial for both those seeking continued protection and those contesting the orders.

Initial vs. Extension Hearings

When a 209A order is first issued, it often starts with an ex parte hearing where the plaintiff must demonstrate a substantial likelihood of immediate danger. This temporary order typically lasts up to ten days until a full hearing is scheduled. At this subsequent hearing, the plaintiff must prove by a preponderance of the evidence that abuse has occurred and that there is a continued risk. For an extension, the focus shifts from re-litigating initial claims to proving the current and ongoing necessity of the order.

Key Factors Considered in Extension Hearings

  1. Nature and Severity of Abuse: The court will re-evaluate the original grounds for the 209A order and any new incidents that have occurred since the order was first issued. Evidence such as medical records, police reports, and eyewitness testimonies are critical in establishing the severity and continuity of the abuse.
  2. Defendant’s History: The defendant’s past behavior, including any history of violence or violations of the previous order, plays a significant role. Courts scrutinize whether the defendant has complied with the existing order or if there have been instances of non-compliance, which indicate ongoing risk.
  3. Likelihood of Future Harm: Evidence that shows continued harassment, stalking, or threats is essential. The plaintiff must demonstrate that the fear of imminent harm remains reasonable and that the risk of abuse persists. This includes any recent actions or threats by the defendant.
  4. Ongoing Litigation: Ongoing legal disputes, such as child custody battles or divorce proceedings, can exacerbate tensions and increase the likelihood of encounters that could lead to harm. Courts consider these factors when deciding whether to extend the order.
  5. Changes in Circumstances: Significant changes since the last hearing, such as relocation or changes in living arrangements, are also considered. For example, if the plaintiff or defendant has moved to a different area, the likelihood of contact and, consequently, the need for protection may have changed.

Burden of Proof

The 2014 Supreme Judicial Court decision in MacDonald v. Caruso clarified the evidence standard for extending 209A orders. The court emphasized that the plaintiff must re-establish the necessity of the order at each extension hearing, focusing on the current circumstances and the reasonable fear of imminent serious physical harm. This ruling ensures that the extension process is rigorous and that plaintiffs must substantiate their ongoing fears with substantial evidence​.

Evidence Submission

For plaintiffs, presenting a well-documented case is crucial. This includes:

  • Detailed Affidavits: Outlining any new incidents of abuse, threats, or harassment.
  • Medical Records: Showing any injuries or psychological harm resulting from abuse.
  • Police Reports: Documenting any incidents where law enforcement was involved.
  • Witness Testimonies: Statements from individuals who have witnessed the abuse or threats.
  • Digital Evidence: Emails, text messages, or social media posts that contain threats or harassment.

Practical Implications for Defendants

Defendants contesting the extension must focus on demonstrating compliance with the existing order and any positive changes in circumstances. They may present evidence such as:

  • Character References: Testimonies from employers, friends, or family about their behavior and any rehabilitation efforts.
  • Proof of Compliance: Documentation showing adherence to the restraining order’s terms.
  • Changed Circumstances: Evidence of relocation or changes in living arrangements that reduce the risk of encountering the plaintiff.

Court Considerations

Courts consider the totality of circumstances when deciding on the extension of a 209A order. Factors include:

  • Compliance with the Order: Whether the defendant has adhered to the order’s terms.
  • Behavioral Changes: Any efforts by the defendant to change their behavior and reduce risk.
  • Risk of Encounter: The likelihood of the parties encountering each other in daily life.
  • Impact of Legal Proceedings: How ongoing legal battles, such as custody disputes, may affect the parties’ interactions.

Preparing for 209A Order Extension Hearings

Extending a 209A order in Massachusetts involves a thorough examination of evidence to ensure the continued necessity of protection. Courts require substantial and convincing evidence to extend these orders, focusing on the current risk and reasonable fear of harm. Both plaintiffs and defendants must prepare meticulously for extension hearings, presenting comprehensive evidence to support their positions.
For those needing assistance with 209A order extensions, consulting with experienced legal professionals, such as those at Markey Law Partners, can provide essential guidance and support through this complex process. Understanding and meeting the evidence standards is crucial to ensuring that the legal protections are upheld and that justice is served.

Call us today for a free consultation: 877-488-2667

Boston Location:
30 Kneeland St #201, Boston MA 02111

* Denotes results that are confidential cases Attorney Joe Markey settled or won by verdict at his previous firm.

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