Massachusetts Appellate Cases / Protective Orders
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 involving Protective Orders.
Protective Order Cases in Massachusetts
Commonwealth vs. Leger At the trial of a complaint charging violation of a protective order, the judge properly excluded certain irrelevant evidence, offered by the defendant, regarding his understanding of the meaning of the unambiguous terms of the protective order. The judgment of conviction was reversed and the veredict set aside.
Ginsberg v. Blacker - The judge properly issued an abuse prevention order because the defendant's conduct placed the plaintiff "in fear of imminent serious physical harm".
Smith v. Jones - The plaintiff must show that he/she is suffering from abuse or a protective order is necessary to prevent abuse in order to extend an ex parte protective order issued by the court.
Sertel v. Kravitz While the parties' divorce proceedings were pending, an incident occurred that prompted the wife to file a complaint seeking a temporary abuse prevention order. The temporary order was allowed, but, at the suggestion of the District Court judge, the wife filed a motion in the divorce case seeking an abuse prevention order pursuant to G. L. c. 208, § 18, as amended through St. 1989, c. 341, § 93, rather than continuing to prosecute her District Court action. That statute authorizes a judge of the Probate Court to prohibit a spouse from "imposing any restraint upon her or his personal liberty during the pendency of the action for divorce" and to "make such further order as it deems necessary to protect either party or their children." The husband's arguments were unpersuasive. There was sufficient evidence to support the issuance of the abuse prevention order; and, contrary to the husband's assertions, the record reveals that he was afforded ample opportunity to respond to the wife's factual allegations and to present his evidence.
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