Mitchell v. Mitchell
Appeals Court of Massachusetts
821 N.E.2d 79 (Mass. App. Ct. 2005)
Relevant factsFree
Mary Mitchell (defendant) obtained a one-year abuse-prevention order against her husband, James Mitchell (plaintiff), barring him from abusing or contacting her. Midway through the year, James moved to vacate the order, presenting evidence that Mary had repeatedly contacted him, requested time alone together, and actually spent time alone with him around his mother's funeral; the probate court granted his motion, and Mary appealed.
IssueFree
Whether a court may relieve a party from a final abuse-prevention order if clear and convincing evidence has not established that the order is no longer needed to protect the victim against harm or the reasonable fear of serious harm.