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D.C. vs. P.C. Shoptease
The court states at the outset that although the parties share custody of their children, the parenting plan is a 70/30 split, which when presented without context is troubling.
The defendant argues that there is no legal basis for issuing a 209a restraining order. Although the court claims that there is, the facts that they present in this opinion do not appear to be sufficient. There are claims of abuse in the past, but there is nothing that satisfies the imminent requirement of the order.
21P0114.mp3A.A. vs. M.J. White
Interesting case, a family matter that resulted in the issuance of a 209a restraining order. Although the court makes it clear that the lower court did find very poor behavior by the defendant, it is unclear that a reasonable person would find that the set of facts would justify a 209a restraining order. Certainly there was enough evidence for a 258E Harrasment order, as well contempt of court.
The defendant also raised the issue of the proceedings occurring via WebEx, the court simply pointed to Emergency Order 20-5 and 20-11 as justification. Hopefully these emergency orders get sorted out soon, at some point it is no longer an emergency, but a new way of doing business.
Its a harassment order, it doesn't take much to get one. The defendant thought they could behave poorly, they learned differently
A 209a order was not renewed although it had been effect for three years. The lower court had found that the parties had had no contact for those three years, and therefore it found that there was no longer any reasonable fear.
A 209a restraining order was issued by the lower court. That court, although a district court, also made ruling with regards to custody of the children. When the case got to the Probate Court the Probate Court upon further examination reversed the custody aspect of the decision.
An exparte parte 209a restraining order was issued, at the extension hearing the order was not continued. The defendent attempted to have his record expunged. This court said no without providing details
A juvenile assaults another juvenile and a 258e Harassment Order is issued. The court does not make clear how this issue should be addressed but they conclude it should not be with a 258e Harassment Order
The defendant of a 209a restraining order appeals the order because of what he saw as procedural irregularities, he was not provided a copy of the affidavit that was filed when the restraining order was obtained. In this case it was implied that the allegations were the same ones made in a related criminal case.
The defendant appeals a 209a restraining order, the facts are clear that the order was justified
The plaintiff doe not get a 258e harassment order and appeals, they still don't get one
Affirmed
The plaintiff gets a 258e harassment order, after review it is remanded
The plaintiff gets a 258e harassment order, after review it is remanded
Affirmed
J. C. vs. J. C. Brennan
The defendant argues that there is no legal basis for issuing a 209a restraining order. Although the court claims that there is, the facts that they present in this opinion do not appear to be sufficient. There are claims of abuse in the past, but there is nothing that satisfies the imminent requirement of the order.
The defendant argues that there is no legal basis for issuing a 209a restraining order. Although the court claims that there is, the facts that they present in this opinion do not appear to be sufficient.
The plaintiff argues that they should have a full hearing to present evidence for issuing a 209a restraining order, even though the ex parte order was denied. The court concludes that she should get another bite at the apple.
The plaintiff gets a 258e harassment order, after review it is affirmed
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