50 N.E.3d 836
Mass. App. Ct.2016Background
- On April 3, 2015, Julia Allen filed a G. L. c. 209A complaint seeking an ex parte abuse prevention order against her mother, Barbara Allen, alleging unwanted mailings and that the mother had located her workplace.
- A judge issued an ex parte order the same day prohibiting contact, ordering distance restrictions from home and work, and requiring surrender of firearms and licenses.
- The defendant was served; a hearing after notice was held on April 14, 2015, at which both parties appeared and the ex parte order was terminated.
- The termination was entered on the printed c. 209A form that includes the directive: "Law enforcement agencies shall destroy all records of such Order."
- The court recognized that a record of the order would nevertheless remain in the Statewide Domestic Violence Record-Keeping System (DVRS) unless expunged under the narrow fraud-on-the-court standard.
- The defendant appealed the issuance of the ex parte order; the Appeals Court addressed whether that appeal was moot given termination and record-destruction directions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal from ex parte c. 209A order is moot after termination at the hearing after notice | The ex parte order was wrongfully issued and merits review | Termination plus judicial directive to destroy law-enforcement records leaves no practical relief to be obtained on appeal | Appeal is moot; dismissed |
| Whether collateral consequences (e.g., DVRS entry) preserve justiciability | Plaintiff implied collateral consequences may persist and justify review | Defendant argued termination and destruction of law-enforcement records removed consequences | DVRS retention does not change result; appeal still moot because termination provided all relief available |
Key Cases Cited
- Frizado v. Frizado, 420 Mass. 592 (recognizes potential collateral consequences of expired abuse prevention orders)
- E.C.O. v. Compton, 464 Mass. 558 (same)
- Wooldridge v. Hickey, 45 Mass. App. Ct. 637 (discusses collateral effects of restraining orders)
- Smith v. Jones, 67 Mass. App. Ct. 129 (separately examined ex parte and extension orders)
- Vaccaro v. Vaccaro, 425 Mass. 153 (explains DVRS and its significance)
- Commonwealth v. Dossantos, 472 Mass. 74 (describes DVRS access and contents)
- Commissioner of Probation v. Adams, 65 Mass. App. Ct. 725 (expungement of DVRS record only on clear and convincing evidence of fraud)
- Jarosz v. Palmer, 436 Mass. 526 (judicial notice of court records)