February 24, 2016.
Complaint for protection from abuse filed in the Central
Division of the Boston Municipal Court Department on April 3,
hearing to extend an abuse prevention order was had before
Robert J. McKenna, Jr., J.
Kathleen M. McCarthy for the defendant.
Green, Wolohojian, & Henry, JJ.
N.E.3d 837] Does an appeal lie from an ex parte abuse
prevention order issued pursuant to G. L. c. 209A, in
circumstances where the order was terminated ten days later
at a hearing after notice pursuant to c. 209A, § 4? We
conclude that termination of the ex parte order at the
hearing after notice, accompanied by an order directing law
enforcement agencies " to destroy all record of such
vacated order," renders the defendant's appeal moot.
G. L. c. 209A, § 7, as appearing in St. 1990, c. 403,
§ 8. We accordingly dismiss the appeal.
April 3, 2015, the plaintiff filed a complaint for protection
from abuse pursuant to G. L. c. 209A, seeking a restraining
order against the defendant (her mother). In the affidavit
filed with her complaint, the plaintiff averred that:
" Back in 2008, I cut ties w/ her and asked her to no
longer contact me. Since then, I had to change my phone
I've moved multiple times, had to keep an external
mailbox in order to keep my residential address private, but
she keeps finding me & mailing me things. For years I've
returned them to the sender. Once I moved to Boston there was
no mail until 4/3/15 when she mailed a package to my work
address -- I've never given her the address, but she
somehow tracked it down."
of the Central Division of the Boston Municipal Court
Department held a hearing that day, at which the plaintiff
was the only party present and the only witness. The colloquy
at the hearing added little to the averments in the
affidavit. [50 N.E.3d 838] On the basis of the
plaintiff's presentation, the judge issued an ex parte
order, based on a determination " that there is a
substantial likelihood of immediate danger of abuse,"
which ordered the defendant (i) not to abuse the plaintiff;
(ii) not to contact the plaintiff, and to stay at least 150
yards from her; (iii) to immediately leave and stay away from
the plaintiff's residence, " wherever that may
be" ; and (iv) to stay away from the ...