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O'BRIEN v. BOROWSKI

SJC-10866.

461 Mass. 415 (2012)

ROBERT O'BRIEN v. ALAN BOROWSKI.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 2012.

Attorney(s) appearing for the Case

Jeremia Pollard for the plaintiff.

Eric Lucentini ( Sandra Lucentini with him) for the defendant.

The following submitted briefs for amici curiae:

Patricia A. DeJuneas & Sarah Wunsch for American Civil Liberties Union of Massachusetts.

Susan M. Finegan , Andrew N. Nathanson , Elissa Flynn-Poppey , Helen M. Guyton , & Jamison B. Arterton for Victim Rights Law Center & others.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

After a hearing, a judge of the District Court on September 3, 2010, issued a harassment prevention order under An Act relative to harassment prevention orders, G. L. c. 258E, inserted by St. 2010, c. 231 (act or c. 258E), that directed Robert O'Brien (O'Brien) not to abuse or harass Alan Borowski (Borowski), to stay fifty yards away from Borowski, and to remain away from Borowski's residence. O'Brien filed a petition to vacate...

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