E.C.O. v. Compton

984 N.E.2d 787, 464 Mass. 558, 2013 WL 932482, 2013 Mass. LEXIS 44
CourtMassachusetts Supreme Judicial Court
DecidedMarch 13, 2013
StatusPublished
Cited by53 cases

This text of 984 N.E.2d 787 (E.C.O. v. Compton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
E.C.O. v. Compton, 984 N.E.2d 787, 464 Mass. 558, 2013 WL 932482, 2013 Mass. LEXIS 44 (Mass. 2013).

Opinion

Ireland, C.J.

This case concerns whether a parent may seek an extension of an abuse prevention order under G. L. c. 209A to prevent his daughter, who was sixteen years of age, from voluntarily engaging in a sexual relationship with an adult.3 Following a hearing before a District Court judge, an ex parte [559]*559abuse prevention order obtained pursuant to G. L. c. 209A, § 4, by a father on behalf of his daughter against the defendant, Gregory James Compton, was extended for one year pursuant to G. L. c. 209A, § 3. The defendant appealed to the Appeals Court. He asserts that the evidence was insufficient to support a finding of abuse and that the order should not have been extended because he and the plaintiff were not in a “substantive dating relationship” as required by G. L. c. 209A, § 1(e). We transferred the appeal to this court on our own initiative. Because there was no basis for the judge to conclude that the defendant’s conduct rose to the level of “abuse” as defined by G. L. c. 209A, § 1, the extension order must be vacated.

1. Facts. We recite the facts based on the record before us. See Caplan v. Donovan, 450 Mass. 463, 464 n.l, cert, denied, 553 U.S. 1018 (2008). In July, 2011, while traveling in Europe with her mother and grandmother, the daughter, who was sixteen years of age, met the defendant, a citizen of the United Kingdom who was twenty-four years of age. In conversation with the defendant, the daughter falsely indicated that she was bom in 1992, thus making her eighteen or nineteen years of age. They exchanged contact information. A few days later, the defendant took the daughter on a tour of the area surrounding London.

The daughter returned home and maintained communication with the defendant through various electronic means, including electronic mail messages (e-mail), instant messaging,4 *Skype,5 and Facebook.6 The defendant does not dispute that the daughter, early in their communications, informed him that she was bom in 1994, thus making her sixteen years of age.

[560]*560Copies of various e-mails and instant messaging conversations demonstrated a mutual attraction between the daughter and the defendant and ongoing consensual electronic communications between them.7 In these communications, the defendant refers to the daughter as “babe,” “honey bee,” and “my love,” and ends communication by writing, “lov u: heart” and “xxx.” In addition to telling the plaintiff that she is “amazing,” the defendant talks about visiting her, their first lunch date, “a v gd hotel” where she could visit him, and engaging in conversation “with a glass of somthing gd in our hands.” The defendant’s communications include many sexual innuendos. He also graphically and expressly made known to her his intentions to engage in sexual relations with her. In their electronic exchanges, they discussed the “age of consent” to engage in sexual intercourse (see note 3, supra), as well as the age difference and physical “distance” between them. Despite these “challenges,” the defendant stated, “i wouldnt even entertain this normally but with you it[] just makes sense.”

The defendant made plans to visit the Boston area in October and wrote to the daughter about how they would spend their time together on his arrival. The defendant indicated he wanted “a day spent in each others arms (make tht a few),” acknowledged her parents’ disapproval of their “relationship,”8 and noted that they would have to “sneak[] about.” He suggested a “sneaky sleepover” while he was in town and asked the daughter where she liked to be touched. The defendant reserved a room at an inn near her home and planned the trip during a time when her parents would be out of town.

[561]*561On September 30, 2011, the father filed a complaint for protection under G. L. c. 209A against the defendant and obtained an ex parte order effective until the next hearing date of October 11.9,10 On October 4, the defendant, who was found in the town in which he had planned to reserve his room, was served with the order. On October 11, a hearing before a different District Court judge was held to determine whether the ex parte order should be extended. The father appeared pro se, and the defendant was present and was represented by counsel. The daughter did not appear or testify.

In addition to submitting his affidavit, the father provided the judge with copies of some of the electronic communications between the defendant and the daughter. During cross-examination by defense counsel, the father admitted that the defendant had not threatened physical harm to the daughter. Nor did the father have any evidence that the defendant “caused [the daughter] to engage involuntarily in sexual relations by force, threat, or duress.” In addition to filing an affidavit, the defendant testified. Much of his testimony was indiscernible by the court reporter because of noise, but the defendant testified that he “would never do anything that could possibly hurt [the daughter].” He testified that he told the mother that he would not have contact with the daughter and claimed that he “kept to that.”11

The judge rejected defense counsel’s arguments that an abuse prevention order was inappropriate because there were no allegations of physical abuse or involuntary sexual conduct, and no evidence of a substantive dating relationship. The judge did not explain, however, on what basis he found abuse or the existence of a substantive dating relationship. He extended the abuse prevention order “in all respects” for one year. This appeal followed.12 The father is represented by counsel on appeal.

2. Discussion. We review the issuance of an order pursuant to [562]*562G. L. c. 209A for an abuse of discretion or other error of law. Crenshaw v. Macklin, 430 Mass. 633, 636 (2000). “We accord the credibility determinations of the judge who ‘heard the testimony of the parties . . . [and] observed their demeanor’ . . . the utmost deference.” Ginsberg v. Blacker, 67 Mass. App. Ct. 139, 140 n.3 (2006), quoting Pike v. Maguire, 47 Mass. App. Ct. 929, 929 (1999).

General Laws c. 209A enables a person “suffering from abuse from an adult or minor family or household member” to obtain a protective order directing the defendant, among other things, to refrain from abuse or contact. G. L. c. 209A, § 3. Under G. L. c. 209A, § 1 (e), family or household members include persons who “are or have been in a substantive dating or engagement relationship.” “Abuse” is defined as “the occurrence of one or more of the following acts between family or household members: (a) attempting to cause or causing physical harm; (b) placing another in fear of imminent serious physical harm; (c) causing another to engage involuntarily in sexual relations by force, threat or duress.” G. L. c. 209A, § 1. The issuance of an abuse prevention order is a civil procedure, and abuse need only be proved by a preponderance of the evidence. See Jordan v. Clerk of the Wes field Div. of the Dist. Court Dep’t, 425 Mass. 1016, 1017 (1997). A violation of an order to refrain from abuse or contact, however, is a crime, punishable by a fine or imprisonment in a house of correction, or both. G. L. c. 209A, § 7, fifth par.

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Cite This Page — Counsel Stack

Bluebook (online)
984 N.E.2d 787, 464 Mass. 558, 2013 WL 932482, 2013 Mass. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eco-v-compton-mass-2013.