2024 Abuse/Harassment

Harassment order that is remanded

A bizarre case, a judge chooses to not issue a 209A restraining order and this appeal is started.  Since there were no written findings it is difficult to determine why the restraining order did not issue.  Part of the problem with this case is what in fact happened at the hearing.  Although the panel had the transcript of the hearing the lawyer arguing the case misrepresents was occurred at the hearing for the 209a, they are corrected on at least two occasions.  At issue is what the judge found the facts, and without written findings it is difficult to determine.  Although the Appeals Court claims they do not disturb the findings of  lower courts, unless clearly wrong, in this case they do exactly that.  Rather than remanding the case and requesting written findings of fact, the court orders the lower court to issue a 209a restraining order.

A 258E Harassment Prevention Order is issued, while there could be a reason for it being issued, this poorly written makes little effort to explain why.  At no point is it made clear what relationship if any existed between the two parties.  The panel points to the poorly written brief as a basis for affirming the lower court, however responding with its own poorly written opinion does not help matters