TOREY LEMONT DAVIS

── TOREY LEMONT DAVIS ── Court: Massachusetts Appeals Court Date: May 12, 2026 Category: General NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 25-P-1170 TOREY LEMONT DAVIS, petitioner. MEMORANDUM AND ORDER PURSUANT TO RULE 23.0 In 2024, the petitioner filed a petition pursuant to G. L. c. 210, § 12, to change her name to align with her gender identity. After a trial, a judge of the Probate and Family Court denied the petition. The petitioner contends that the judge abused her discretion in concluding that the public interest outweighed the petitioner's own interest in changing her name. We affirm. The petitioner is currently serving five years of supervised probation after serving almost two years in prison, following guilty pleas on charges that included two counts of indecent assault and battery on a person with an intellectual disability, G. L. c. 265, § 13F, intimidation of a witness, G. L. c. 268, § 13B, assault and battery on a person with a disability, G. L. c. 265, § 13K (a 1/2), and violation of an abuse prevention order, G. L. c. 209A, § 7. After she filed the petition to change her name, an order entered requiring notice by publication. Following publication in a local newspaper, an affidavit of objection was filed by the person whom the petitioner had indecently assaulted because the objector has an active abuse prevention order pursuant to G. L. c. 209A (209A order) against the petitioner entered in the District Court. The objection was withdrawn after the petitioner's requested name was added to the 209A order and that order was made permanent. In 2025, a trial was held in the Probate and Family Court. The petitioner testified that she "wanted to change [her] name so it will comport more with [her] gender." She has been using her requested name for years, and everyone she knows uses it. She testified that she needs a legal name change because her current name causes her difficulty in changing employment, maintaining banking and tax records, and dealing with medical and insurance providers. She "constantly [has] to explain and re-explain to people" which causes her "constant anxiety." The petitioner testified that she has criminal records in Massachusetts, Texas, and Connecticut. To her knowledge, both her legal and requested name are reflected in the 209A order, are listed with the Sex Offender Registry Board (SORB), and 2 appear in any other criminal databases in which she might appear.1 General Laws c. 210, § 12, allows a petitioner to secure an "official record which definitely and specifically establishes [their] change of name." Verrill, petitioner, 40 Mass. App. Ct. 34, 35-36 (1996) (Verill), quoting Buyarsky, petitioner, 322 Mass. 335, 338 (1948). Although "the right to change one's name through the legal process is not absolute," Jaynes, petitioner, 88 Mass. App. Ct. 745, 746 (2015) (Jaynes), a change of name "shall be granted unless such change is inconsistent with public interests," G. L. c. 210, § 12. Where a petitioner is involved with the criminal justice system, "the public