13 N.E.3d 1009
Mass. App. Ct.2014Background
- Parties separated in August 2011; M.B. moved from Worcester to Cape Cod; divorce filed in Worcester Probate and Family Court.
- From Nov 2011 to Dec 2011, J.B. sent M.B. many texts and calls, disrupted services, accessed her bank info, and tried to access her records.
- Dec 9, 2011, they entered a stipulation restricting communication to email about visitation; J.B. violated ongoingly.
- May 2012, M.B. sought an abuse prevention order; no contact order imposed with sanctions for violations.
- May–June 2012, M.B. received numerous texts and calls; J.B. allegedly used a Spoof card to mask numbers and follow her.
- June 2012, M.B. sought protection in Falmouth; hearings revealed ongoing conduct; Worcester proceedings continued; Worcester later extended the order for one year.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue/territorial jurisdiction under c. 209A §2 | M.B. had venue in Worcester or Barnstable; district court violated §2 by vacating pending order | J.B. argues lack of venue in Worcester; matters should be in Barnstable | Venue proper; Worcester had jurisdiction; waiver occurred via conduct and forum shopping concerns were addressed |
| Sufficiency of evidence for extension | Escalation of contact and past violence supported fear of imminent harm | No post-separation threats or harm in recent months; insufficient to extend | Record shows totality of circumstances supports extension |
| Effect of transfers/guidelines on jurisdiction | Guidelines 2:07 and 1:09 favored continuing proceedings in proper court; safety paramount | Transfers could prevent conflicting orders; vacating orders improper | Guidelines applied to ensure safety; transfer/vacatur properly avoided without hearing |
Key Cases Cited
- Singh v. Capuano, 468 Mass. 328 (2014) (prompt hearings and venue transfer considerations in 209A proceedings)
- Iamele v. Asselin, 444 Mass. 734 (2005) (need not wait for actual abuse to grant protection; totality of circumstances considered)
- Paige v. Sinclair, 237 Mass. 482 (1921) (venue as abatement, not jurisdiction; venue may be waived or challenged timely)
- Vittone v. Clairmont, 64 Mass. App. Ct. 479 (2005) (evidence fairness in 209A proceedings; abuse prevention standard)