Attorneys Russcol and Bernstein Win Reversal of Restraining Order on Appeal

David Russcol and Inga Bernstein recently secured a reversal of an abuse prevention order by the Massachusetts Appeals Court. Under Chapter 209A, the plaintiff seeking a restraining order bears the burden of showing that he or she suffered reasonable fear of imminent serious bodily injury as a result of the defendant’s words and actions. Attorneys Russcol and Bernstein successfully argued that the plaintiff did not meet this burden, even accepting all of the plaintiff’s evidence as true. As a result, the Appeals Court ordered the abuse prevention order vacated and removed from our client’s record.