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MacDonald v. Caruso

5 N.E.3d 831 (2014)

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MacDonald v. Caruso

Massachusetts Supreme Judicial Court

5 N.E.3d 831 (2014)

Facts

In 1995 Tracey MacDonald (plaintiff) moved to Massachusetts to escape Kevin James Caruso (defendant). After moving, MacDonald received odd mail from Caruso, learned Caruso had obtained a credit card in her name, and witnessed Caruso near her home. MacDonald obtained a temporary protective order in Massachusetts, which was later extended. In 2001 MacDonald received a permanent protective order. In 2011 Caruso sought to terminate the order. Caruso claimed that MacDonald no longer needed the order because it had been in place for 12 years, and Caruso had complied with the order, retired, moved to Utah, and married another woman. After a hearing, the court denied the motion on the ground that Caruso had not met his evidentiary burden of showing that there was a significant change of circumstances and that MacDonald no longer needed the order for protection. Caruso appealed. The appellate court affirmed. The matter was appealed to the Massachusetts Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Gants, J.)

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