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NISSENBAUM’S STANDARD SET OF
SUMMARIES OF LAW
209A Soup to Nuts
DISCLAIMER
5.0 Burdens of Proof
The party who seeks protection must prove, by a preponderance of the evidence, that abuse has occurred. Frizado v. Frizado, 420 Mass. 592, 597 (1995); Uttaro v. Uttaro, 54 Mass. App. Ct. 871 (2002). See Smith v. Joyce, 421 Mass. 520, 522 (1995).
There is no burden on a defendant to testify or present evidence. "The burden is on the complainant to establish facts justifying the . . . continuance of an abuse prevention order. . . . The plaintiff must make the case for the awarding of relief." Frizado v. Frizado, 420 Mass. 592, 596 (1995).