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MacDONALD v. CARUSO

SJC-11381

467 Mass. 382 (2014)

TRACY MacDONALD v. KEVIN CARUSO.

Supreme Judicial Court of Massachusetts, Plymouth.

March 11, 2014.

Attorney(s) appearing for the Case

Thomas Arthur Hensley for the defendant.

Claire Laporte , Rebecca Cazabon , Stacy Anderson , Benjamin Nardone, & Shrutih Ramlochan-Tewarie, for The Domestic & Sexual Violence Counsel, Inc., & others, amici curiae, submitted a brief.

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

GANTS, J.

The central issue in this case is the standard to be applied when a defendant seeks to terminate a permanent abuse prevention order under G. L. c. 209A, § 3. We conclude that a defendant who seeks to terminate such an order must show by clear and convincing evidence that, as a result of a significant change in circumstances, it is no longer equitable for the order to continue because the protected party no longer has a reasonable

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