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Ginsberg v. Blacker

852 N.E.2d 679 (2006)

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Ginsberg v. Blacker

Massachusetts Court of Appeals
852 N.E.2d 679 (2006)

Facts

Faye Ginsberg (plaintiff) and Jonathan Blacker (defendant) were a divorced couple who had a son together. Blacker began exhibiting increasingly hostile and erratic behavior toward Ginsberg. Blacker repeatedly called Ginsberg, came to her home uninvited, blamed her for ruining his life, and told her that her family should be shot. On February 3, 2005, Blacker entered Ginsberg’s home unannounced and became upset about their son’s haircut. Blacker began screaming, pacing back and forth, and pulling at his own hair. When Ginsberg asked him to leave, Blacker became enraged and waved his hands in her face, screaming so close to Ginsberg’s face that she could feel his spittle hitting her. Ginsberg ran upstairs to avoid Blacker, but he followed her and continued to scream obscenities at her in front of their son. Blacker left after Ginsberg threatened to call 9-1-1. Ginsberg petitioned the trial court for an abuse-prevention order, a form of domestic-violence temporary restraining order. At the hearing, Ginsberg admitted that Blacker had never hit her. Blacker denied all of Ginsberg’s allegations and argued that, because he had never hit her, she could not have reasonably feared imminent harm. The trial court issued the abuse-prevention order, and Blacker appealed.

Rule of Law

Issue

Holding and Reasoning (Laurence, J.)

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