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ALM GL ch. 209A, § 3
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Past as well as present relationships are within ambit of ALM GL c 209A, § 3. Sorgman v. Sorgman (2000) 49
Mass App 416, 729 NE2d 1141, 2000 Mass App LEXIS 470.
Where plaintiff lived with her mother and mother's husband for ten years in same household until mother and her
husband were divorced, plaintiff and former husband "resided in same household" and "were related . . . by marriage" as
stepfather and stepdaughter within meaning of ALM GL c 209A, § 1(b) and (c). Sorgman v. Sorgman (2000) 49 Mass
App 416, 729 NE2d 1141, 2000 Mass App LEXIS 470.
There is no time limitation on application of ALM GL c 209A, §§ 1 and 3, so that stepdaughter who last lived with
stepfather in same household in 1977, but who continued to have contact and involvement with stepfather, was not
precluded from seeking protective order under ALM GL c 209A. Sorgman v. Sorgman (2000) 49 Mass App 416, 729
NE2d 1141, 2000 Mass App LEXIS 470.
Modification of custody or support order in divorce action does not operate to modify orders in 209A proceeding
which were entered to protect plaintiff from defendant's abuse. Commonwealth v. Rauseo (2001) 50 Mass App 699, 740
NE2d 1053, 2001 Mass App LEXIS 22, review denied (2001) 434 Mass 1102, 751 NE2d 419, 2001 Mass LEXIS 275.
If there is preexisting order of Probate and Family Court relative to custody or support, Superior Court, District
Court, or Boston Municipal Court must abstain in 209A proceeding from making orders concerning custody and
support. Commonwealth v. Rauseo (2001) 50 Mass App 699, 740 NE2d 1053, 2001 Mass App LEXIS 22, review denied
(2001) 434 Mass 1102, 751 NE2d 419, 2001 Mass LEXIS 275.
Where probate judge in divorce action issued visitation order which did not specifically modify existing 209A order
issued by Probate Court against husband and was not inconsistent with 209A order, latter order was not modified.
Commonwealth v. Rauseo (2001) 50 Mass App 699, 740 NE2d 1053, 2001 Mass App LEXIS 22, review denied (2001)
434 Mass 1102, 751 NE2d 419, 2001 Mass LEXIS 275.
If orders entered in 209A proceeding and another action in Probate Court are inconsistent, protections afforded by
209A order will take precedence over orders for custody or visitation entered in other proceeding. Commonwealth v.
Rauseo (2001) 50 Mass App 699, 740 NE2d 1053, 2001 Mass App LEXIS 22, review denied (2001) 434 Mass 1102, 751
NE2d 419, 2001 Mass LEXIS 275.
Judge was warranted in concluding that there was continued need for abuse prevention order and did not err in
extending order beyond initial one-year period, where defendant persisted in contacting wife although prohibited by
order from doing so and wife testified that she continued to be extremely afraid of defendant. Rauseo v. Rauseo (2001)
50 Mass App 911, 740 NE2d 1063, 2001 Mass App LEXIS 9, review denied Commonwealth v. Rauseo (2001) 434 Mass
1103, 751 NE2d 419, 2001 Mass LEXIS 275.
Where one home occupant successfully sought protective order against two other occupants in Orleans District
Court and a few days later two occupants sought protective order against individual occupant in Plymouth District
Court, orders were "mutual" and judge in Plymouth Court was required to make specific written findings of fact;
restraining orders issued by Plymouth court vacated for failure of judge to make findings of fact. Sommi v. Ayer (2001)
51 Mass App 207, 744 NE2d 679, 2001 Mass App LEXIS 210.
In issuing mutual protective order, judge is required to set forth bases for concluding that mutual abuse occurred
and that reciprocal order is warranted. Sommi v. Ayer (2001) 51 Mass App 207, 744 NE2d 679, 2001 Mass App LEXIS
210.
Purpose of requiring judge to provide specific written findings of fact when mutual restraining order or no-contact
order is to be issued is to ensure that judge will carefully consider evidence presented to determine who is real victim
and aggressor in abusive relationship and if mutual order is warranted. Sommi v. Ayer (2001) 51 Mass App 207, 744
NE2d 679, 2001 Mass App LEXIS 210.