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ALM GL ch. 209A, § 3
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before wife was murdered was admissible as showing continued hostility between husband and wife and motive for
husband to murder wife. Commonwealth v. Gil (1984) 393 Mass 204, 471 NE2d 30, 1984 Mass LEXIS 1787.
Orders issued by court for protection from family abuse are for fixed period not to exceed one year but may be
extended if needed. Commonwealth v. Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS 197.
Only violation of order to refrain from abuse or to vacate household represents criminal offense. Commonwealth v.
Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS 197.
Defendant ordered to "vacate" marital home must not only surrender legal occupancy but must remain away
without right to enter at any time. Commonwealth v. Gordon (1990) 407 Mass 340, 553 NE2d 915, 1990 Mass LEXIS
197.
Plaintiff could invoke ALM GL c 211, § 3 to review issuance of restraining order under ALM GL c 209A, since
ALM GL c 209A provided no express appellate remedy from issuance of restraining order by Municipal or District
Court. Callahan v. Boston Municipal Court Dep't (1992) 413 Mass 1009, 604 NE2d 1287, 1992 Mass LEXIS 622.
Municipal Court was proper party defendant in plaintiff's proceeding under ALM GL c 211, § 3 to review issuance
of restraining order under ALM GL c 209A, where plaintiff alleged that court personnel denied her access to tape
recordings of court proceedings; tapes ordered released to plaintiff. Callahan v. Boston Municipal Court Dep't (1992)
413 Mass 1009, 604 NE2d 1287, 1992 Mass LEXIS 622.
Even if complainant signed notice of voluntary dismissal several months after protective order had issued and wrote
letter to court asking court to dismiss order, no judicial action was taken on request for voluntary dismissal and order
therefore was not vacated. Brossard v. West Roxbury Div. of the Dist. Court Dep't (1994) 417 Mass 183, 629 NE2d
295, 1994 Mass LEXIS 87.
There is no statutory or constitutional requirement that ALM GL c 209A complainant's affidavit in support of
issuance of complaint be served on defendant with order. Flynn v. Warner (1995) 421 Mass 1002, 654 NE2d 926, 1995
Mass LEXIS 358.
Without legislative change, only route of appeal from District Court's ALM GL c 209A order is to seek relief from
Single Justice of Supreme Judicial Court, and then, if necessary, from full court. Flynn v. Warner (1995) 421 Mass
1002, 654 NE2d 926, 1995 Mass LEXIS 358.
Order entered in ALM GL c 209A abuse prevention proceeding is not interlocutory order of trial court subject to
SJC Rule 2:21. Parekh v. Parekh (1996) 421 Mass 1009, 659 NE2d 740, 1996 Mass LEXIS 9.
Failure to serve defendant with copy of extended abuse prevention order did not deprive District Court of subject
matter jurisdiction and was not required before defendant could be convicted of violating order, where defendant was
served with temporary order at his last and usual place of abode and that order warned that if he failed to appear
extended order may remain in effect. Commonwealth v. Delaney (1997) 425 Mass 587, 682 NE2d 611, 1997 Mass
LEXIS 187, cert den (1998) 522 US 1058, 139 L Ed 2d 655, 118 S Ct 714, 1998 US LEXIS 216.
Complainant's testimony was insufficient to support issuance of ALM GL c 209A order against complainant's
former husband and father of her two children, where former husband was incarcerated for kidnapping of complainant
during time complainant alleged she was placed in fear of imminent serious physical harm, and complainant's fear that
former husband knew of her home and work addresses or of children's school address did not constitute abuse. Jordan
v. Clerk of the Westfield Div. of the Dist. Court Dep't (1997) 425 Mass 1016, 681 NE2d 276, 1997 Mass LEXIS 156.
Testimony before District Court was not sufficient to warrant extension of 209A order entered ex parte 10 days
earlier, where complainant's testimony that she suffered emotionally and experienced aggravation of ulcer condition as