Massachusetts Appellate Cases / Domestic Violence
On this page we are compiling links to the full text of important Massachusetts Appellate Cases on Family Law and Divorce decided by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court.
These cases are for educational purpose only and should not be used for any official or legal purpose. Please consult official reports. Below you will be able to search for Massachusetts Appeals Court Slip Opinions and Massachusetts Supreme Judicial Court Slip Opinions relating to Domestic Violence.
Domestic Violence Cases in Massachusetts
Heackock v. Heacock - The wife presented evidence as to personal injuries she sustained in an assault on her by her husband, the divorce judgment did not prevent the wife from claiming damages in tort for the injuries she had sustained in the assault. The judge in a divorce proceeding considered a number of factors in awarding alimony and dividing marital property, but did not make any findings of fact to support his judgment, it was not clear whether he resolved any issue relating to an assault on the wife by the husband and, consequently, the judgment did not preclude litigation of issues as to the assault raised in the wife's separate tort action in the Superior Court seeking damages for the injuries she sustained.
Szymkowski v. Szymkowski - The case involves a mother, on behalf of her daughter, obtained a c. 209A restraining order against the father. The mother and father were divorced at the time, and shared legal custody of their 3 children, with primary physical custody to the mother. The events preceding the c. 209A restraining order was a five-day ski trip when the father took the youngest child, Brittany (who was 7 years old at the time) to Killington, Vermont. Over the five days, the father kicked Brittany in the back of her legs because she missed her mother; described frightening dreams to Brittany; threw an empty milk container at her; struck her twice under her chin because she irritated him; and he pinched her on the arm so hard that it left a mark. While the father has shown unacceptable parental behavior, his behavior did not cause Brittany fear of imminent serious physical harm. The c.209A restraining order was vacated.
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