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J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.
A different District Court judge denied the defendant's motion to modify, and the defendant once again timely appealed. We first consider whether the plaintiff's daughter and the defendant were engaged in a “substantive dating relationship” as defined in G.
The judge in this case ignored these factors and instead improperly relied upon judicially constructed factors, including “the fact that a criminal matter [sic ] has issued,” and “the age of the alleged victim.” According to the judge, the determination was based “primarily” on the fact that a criminal case was pending. While judicial discretion and flexibility are appropriate in applying the statutory definition of “substantive dating relationship,” they do not relieve a court of its obligation to apply the legislative criteria.
209A, § 1 (e ) (1)-(4), directs judges to consider four factors. The plaintiff contends that the judge properly exercised his broad discretion in according weight to these nonstatutory factors. 209A action is an adversarial proceeding in which both parties must be allowed to present evidence”).
The judicial guidelines on abuse prevention thus properly instruct courts to “give broad meaning to the term ‘substantive dating relationship’ to assure that the protective purposes of the statute are achieved.” Guidelines for Judicial Practice: Abuse Prevention Proceedings § commentary (Dec. The plaintiff bears the burden of proving by a preponderance of the evidence that the parties were engaged in a “substantive dating relationship” within the meaning of G.
Inker, Family Law and Practice § 57.5 (2d ed.1996). The Legislature did not intend the statute to apply to acquaintance or stranger violence, nor did it intend to cover the myriad of relationships that exist or even to all those which might be considered “dating” relationships. Such a shift of focus can weaken the plaintiff's resolve to seek protection ․”).
However, the Legislature has consistently broadened the definition of “family or household member,” and consequently expanded the scope of G.
In 1978, the statute defined “[f]amily or household member” as a “household member, a spouse, former spouse or their minor children or blood relative.” St.1978, c. In 1986, the definition of “family or household member” was expanded to include a “former household member” and a “person who, though unrelated by blood or marriage, is a parent of the plaintiff's minor child.” St.1986, c. In 1990, the Legislature once again amended the definition of “family or household member” to its present form.
E.2d 47 (2002) (declining to further limit phrase “likely” in G. Defendant timely appealed the issuance of the order and shortly thereafter filed a motion to suspend the order pending appeal. We transferred the case to this court from the Appeals Court on our own motion. After a hearing during which both parties were represented by counsel, a judge of the Brockton District Court extended the abuse prevention order for a period of one year. 209A, § 3, provides a range of protections and remedies for those “person[s] suffering from abuse from an adult or minor family or household member․” Included within the definition of “family or household members” are those individuals who are or have been engaged in a “substantive dating or engagement relationship.” G. The existence of a “substantive dating relationship” is to be determined on a case-by-case basis applying the factors set forth in G. E.2d 295 (“substantive dating relationship” existed where facts revealed “substantially more than a few casual dates”). Furthermore, any attempt by this court to elaborate on the meaning of “substantive dating relationship” by adding adjectives to an already well-designed statutory definition would be counterproductive. Even so, the judge's finding of a past “boyfriend/girlfriend” relationship is not supported by the plaintiff's testimony, and the relationship between the parties does not meet the statutory standard of a “substantive dating relationship.” The plaintiff's counsel also contends that the judge properly made a credibility assessment of the plaintiff, who was the sole witness at the hearing, that this court should not disturb. E.2d 1206 (1995) (“The burden is on the complainant to establish facts justifying the issuance and continuance of an abuse prevention order,” and “plaintiff must make a case for relief by a preponderance of the evidence.”) See also Judicial Guidelines § commentary par. They did, you know, go out.” Plaintiff's counsel asserts that the plaintiff's uncertainty related only to the then-existing state of the dating relationship, not its past existence. E.2d 475 (2001) (deferring to judge's assessment of witness credibility). This violated statutory rights given him expressly by G. This court has determined that “[t]he right of the defendant to be heard [in a G. A defendant has a general right to cross-examine witnesses against him.” Frizado v.