Opinion
No. 12–P–1676.
2013-07-3
Stephen PASSACANTILLI v. Michael FRECHETTE.
By the Court (KAFKER, GREEN & RUBIN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant appeals from an order of the Boston Municipal Court extending a harassment prevention order issued under G.L. c. 258E. The defendant argues that the plaintiff failed to meet his burden to demonstrate the continuing need for the harassment prevention order. The defendant acknowledges that no acts need to have occurred since the prior order of extension in order for the judge to conclude properly that extension is warranted. G.L. c. 258E, § 3( d ). Notwithstanding the relative brevity of the hearing, in light of the relationship of the plaintiff to the defendant and the nature of the conduct that gave rise to the initial c. 258E order and its previous extensions, the evidence before the judge was sufficient to support the conclusion that the plaintiff remained in reasonable fear of harassment. The extension of the order was therefore not an abuse of discretion.
Order dated July 31, 2012, extending G.L. c. 258E order affirmed.