Court Rules She Who SLAPPs First Wins

Subversive writes "After the relationship between Sean Fabre and his girlfriend, Amalia Walton, soured and Walton placed a restraining order against Fabre, he countersued her for 'abuse of process,' claiming that she filed it for vengeance, not for protection. On Friday the Massachusetts Supreme Court ruled that under existing anti-SLAPP laws, alleged abusers who are the subjects of restraining orders should not be able to 'easily retaliate' with civil lawsuits against their accusers. Alleged abuse victims will now be able to quickly end any civil litigation filed by the target of a restraining order unless that person could prove there is a 'substantial basis' that the restraining order was 'devoid of any reasonable factual support.' This suggests to me that battered men in Massachusetts who have also been falsely accused of domestic violence may have to look to other means than the legal system in order to protect themselves--what a terrible decision!

Source: Boston.com/Associated Press

Title: State's high court extends protections for abuse victims

Author: Associated Press

Date: April 13, 2002

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