Heard: March 1, 2017.
for protection from abuse filed in the Falmouth Division of
the District Court Department on May 29, 2016., A motion to
extend a protective order was heard by Don L.
R. McMahon, III, for the defendant.
Present: Hanlon, Blake, & Neyman, JJ.
defendant appeals from the issuance of an abuse prevention
order pursuant to G. L. c. 209A, arguing that both the ex
parte order and the extended order after notice were wrongly
issued. We affirm the order after notice and
dismiss the appeal from the ex parte order as it has been
superseded by the extended order after notice that was issued
29, 2016, a District Court judge, on call for emergency
matters, issued an emergency ex parte abuse prevention order
(ex parte order) pursuant to G. L. c. 209A, § 5,
ordering the defendant not to abuse the plaintiff; not to
contact her, directly or indirectly; and to stay fifty yards
away from her. The defendant also was ordered to vacate and
stay away from the plaintiff's residence.
days later, on May 31, 2016, a different judge held a hearing
after notice, following the defendant's arraignment on a
criminal charge for the incident that gave rise to the ex
parte order. Both the defendant, who was represented by
counsel, and the plaintiff testified at the hearing. The
plaintiff told the judge that the defendant had been
emotionally abusive for eleven years and that she believed
that he had a drinking problem. She said that she was
"scared for [herself] and for [her] daughter."
plaintiff recounted at least two incidents of physical abuse.
In one incident the previous summer, while they were on
vacation in the State of Washington, the defendant had
"pushed [her] down, pushed [her] against a wall, "
as "he [had] many times before that." In the other
incident, the two were arguing verbally; she explained,
"[T]hen that morning I said I was going to leave. And he
told me I couldn't take [their daughter]. And I went down
the hallway to get some things. And he grabbed me and pushed
me against the wall . . . ." She then telephoned the
police and the police responded. At that time she applied for
and was granted the ex parte order from an on-call judge.
police later placed the defendant under arrest at the police
station where, he later testified, he had gone to learn about
his rights, as an unmarried father, with respect to his
hearing, the defendant denied that there had been any
physical abuse, although he acknowledged that the
relationship had been "stressful." The judge then
asked the defendant a series of questions and heard argument
from defense counsel and from the plaintiff. At the end of
the hearing, the judge extended the abuse prevention order
for one year.