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 v. Leger,
52 Mass. App. Ct. 232 (2001): Court found that defendant violated a standing abuse restraining order, which prevented him from contacting the plaintiff. Defendant was however entitled to a jury instruction that the jury could find that the defendant's contacts with the plaintiff occurred in the course of his attempt to speak with their daughter on the telephone, which would be a permissible incidental contact, outside of the scope of the no contact order.
Ginsberg v. Blacker, 67 Mass. App. Ct. 139 (2006): 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, 67 Mass. App. Ct. 129 (2006): 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, 54 Mass. App. Ct. 913 (2002): Temporary abuse prevention order is appealable before the appeals court, even when issued during the pendency of a divorce proceedings. The court held that the order was appealable, but the appeal was denied.
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