About
80% to 90% of the 25,000
to 40,000 restraining orders
issued in Massachusetts
each year should not be
issued at all. They are
illegal and do not met the
legal standards set to issue
these in Massachusetts and
often even totally ignore
the constitutional rights,
especially of due process.
Massachusetts judges do
not respect the constitution,
or even the state laws limiting
these due to fear and blatent
self-interest judges are
sworn not to have. Judges
are breaking the law every
day and you can see it in
most any courtroom any morning
if you know anything about
the law.
When you have a restraining
order you should always
file a notice of appeal
immediately, this is just
a notice letter and costs
nothing. It leave your options
open.
I would first file a motion
for extension of time (samples
attached), pursuant to Rule
14(b) I might have stated
earlier a motion to continue
if I did my mistake you
need to file a “MOTION FOR
AN EXTENSION OF TIME”. Make
sure you adjust it for your
case.
Where are you with the RO?
Did you appeal after the
10 (M.G.L. 209A §4) day
hearing or did they grant
a permanent one after the
one year hearing of the
original RO?
Know we need to know what
your appeal is based on?
Errors of law or facts of
the case?
Remember appeals are base
on ERRORS of LAW, NOT NOT
NOT issues of facts ESPECIALLY
if these facts went uncontested!
IF there is an attorney
out there reading this please
pipe in.
For the most part if you
are claiming an issue that
she stated as you wrote
in your email;
<DRT> she claimed
she was "afraid of
what he might do" (this
is a 209A case),
The appeals court may say
based on facts that the
lower court was present
at the hearing and would
have a better understanding
of the case, so don’t be
discourage keep filing.
Lets first look at Massachusetts
General Law 209A
PART
II. REAL AND PERSONAL PROPERTY
AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section 1.
Definitions
Section 1. As used in this
chapter the following words
shall have the following
meanings:
“Abuse”, the occurrence
of one or more of the following
acts between family or household
members:
(a) attempting to cause
or causing physical harm;
(b) placing another in fear
of imminent serious physical
harm; (My comments;
M.G.L. 209A § 1(b) clearly
allows the judge to place
a restraining order on you,
she fears you might cause
her physical harm, I am
not justify this damn law
simply explaining it to
you) - THIS IS BASICALLY
the THOUGHT POLICE IN ACTion
- IN OTHER WORDS IF A WOMAN
THINKS YOU MIGHT DO SOMETHING
YOU ARE IMMEDIATELY STRIPPED
OF YOU CONSTITUTIONAL RIGHTS
TO YOUR CHILDREN, YOUR HOME,
AND OFTEN UP TO 90% OF YOUR
INCOME!!!!
(c) causing another to engage
involuntarily in sexual
relations by force, threat
or duress…
Below is the entire M.G.L
209A, §1 in word, I would
highly recommend you read
it. Quite frankly it is
scary on what could happen
because she fears you.
Now according to your email
the restraining order was
issued under M.G.L. 209A,
assuming your correct, now
we have an appeal.
PART
II. REAL AND PERSONAL PROPERTY
AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section 3.
Remedies; period of relief
M.G.L. 209A(i)¶ 3 reads;
Any relief granted by the
court shall be for a fixed
period of time not to exceed
one year. Every order shall
on its face state the time
and date the order is to
expire and shall include
the date and time that the
matter will again be heard.
So your issue would be the
fact that you have a permanent
RO on you when one was either
place on NOT following Mass
statue or was erroneously
placed on you without evidence
from the plaintiff that
she would be place in serious
imminent fear of you.
I would read Mass.App.Ct.,2002.
Jones v. Gallagher 54
Mass.App.Ct. 883, 768 N.E.2d
1088 (attached) and Mass.App.Ct.,2002,
Dollan
v. Dollan 55 Mass.App.Ct.
905, 771 N.E.2d 825 (attached)
these are two great case
to read and understand.
You further stated;
Have you read the requirement
needed for the brief?
<DRT> I've not seen
such a document outlining
requirements.
I see Bill (nice work Bill)
gave you an exhausted length
of cites for the rules of
Appellate Procedure. Look
at rule 16 “Briefs”
Are you the appellate or
appellant? Depending
who you are determines
the color of the brief.
<DRT> Appellant
Your cover sheet will be
light blue.
Sacks tried to put a permanent
RO on me but once he got
wind I was preparing a motion
to vacate and appeal the
incompetent bastard rewrote
his order and gave my ex
a second chance to file
for a RO and forbid my 10
day notice of hearing.
Although I have not talked
one time or yodeled one
word to my ex in about 7
years nor have I ever been
to my ex-wife’s house, she
dropped off and pick up
my kids(I never trusted
being on their turf). Sacks
continues to place RO on
me.
I will do what ever it takes
LEGALLY to take Sacks out!
He is going to wish his
mother swallowed the load
he was conceived in when
I finish legally with him!
SACKS you killed Paul Tromboli!!!!
Hello David (Sacks) how
are you doing?
Look guys with all due respect
I understand your fight
for shared custody but let
me inform you of one thing.
Shared parenting is on the
books in Massachusetts,
I have shared parenting,
yet I have not seen my daughter
in almost 2 years.
It is ACCOUNTABILITY, ACCOUNTABILITY,
ACCOUNTABILITY and until our
elected officials, judges,
cops, prostitutors and ex-spouse
are held accountable for their
actions things will NEVER
change. They will continue
to violate EVERY law there
is until held accountable
for their actions.
PART
II. REAL AND PERSONAL PROPERTY
AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section 3.
Remedies; period of relief
Section 3. A person suffering
from abuse from an adult
or minor family or household
member may file a complaint
in the court requesting
protection from such abuse,
including, but not limited
to, the following orders:
(a) ordering the defendant
to refrain from abusing
the plaintiff, whether the
defendant is an adult or
minor;
(b) ordering the defendant
to refrain from contacting
the plaintiff, unless authorized
by the court, whether the
defendant is an adult or
minor;
(c) ordering the defendant
to vacate forthwith and
remain away from the household,
multiple family dwelling,
and workplace. Notwithstanding
the provisions of section
thirty-four B of chapter
two hundred and eight, an
order to vacate shall be
for a fixed period of time,
not to exceed one year,
at the expiration of which
time the court may extend
any such order upon motion
of the plaintiff, with notice
to the defendant, for such
additional time as it deems
necessary to protect the
plaintiff from abuse;
(d) awarding the plaintiff
temporary custody of a minor
child; provided, however,
that in any case brought
in the probate and family
court a finding by such
court by a preponderance
of the evidence that a pattern
or serious incident of abuse,
as defined in section 31A
of chapter 208, toward a
parent or child has occurred
shall create a rebuttable
presumption that it is not
in the best interests of
the child to be placed in
sole custody, shared legal
custody or shared physical
custody with the abusive
parent. Such presumption
may be rebutted by a preponderance
of the evidence that such
custody award is in the
best interests of the child.
For the purposes of this
section, an "abusive
parent" shall mean
a parent who has committed
a pattern of abuse or a
serious incident of abuse;
For the purposes of this
section, the issuance of
an order or orders under
chapter 209A shall not in
and of itself constitute
a pattern or serious incident
of abuse; nor shall an order
or orders entered ex parte
under said chapter 209A
be admissible to show whether
a pattern or serious incident
of abuse has in fact occurred;
provided, however, that
an order or orders entered
ex parte under said chapter
209A may be admissible for
other purposes as the court
may determine, other than
showing whether a pattern
or serious incident of abuse
has in fact occurred; provided
further, that the underlying
facts upon which an order
or orders under said chapter
209A was based may also
form the basis for a finding
by the probate and family
court that a pattern or
serious incident of abuse
has occurred.
If the court finds that
a pattern or serious incident
of abuse has occurred and
issues a temporary or permanent
custody order, the court
shall within 90 days enter
written findings of fact
as to the effects of the
abuse on the child, which
findings demonstrate that
such order is in the furtherance
of the child’s best interests
and provides for the safety
and well-being of the child.
If ordering visitation
to the abusive parent, the
court shall provide for
the safety and well-being
of the child and the safety
of the abused parent. The
court may consider:
(a) ordering an exchange
of the child to occur in
a protected setting or in
the presence of an appropriate
third party;
(b) ordering visitation
supervised by an appropriate
third party, visitation
center or agency;
(c) ordering the abusive
parent to attend and complete,
to the satisfaction of the
court, a certified batterer’s
treatment program as a condition
of visitation;
(d) ordering the abusive
parent to abstain from possession
or consumption of alcohol
or controlled substances
during the visitation and
for 24 hours preceding visitation;
(e) ordering the abusive
parent to pay the costs
of supervised visitation;
(f) prohibiting overnight
visitation;
(g) requiring a bond from
the abusive parent for the
return and safety of the
child;
(h) ordering an investigation
or appointment of a guardian
ad litem or attorney for
the child; and
(i) imposing any other
condition that is deemed
necessary to provide for
the safety and well-being
of the child and the safety
of the abused parent.
Nothing in this section
shall be construed to affect
the right of the parties
to a hearing under the rules
of domestic relations procedure
or to affect the discretion
of the probate and family
court in the conduct of
such hearing.
(e) ordering the defendant
to pay temporary support
for the plaintiff or any
child in the plaintiff’s
custody or both, when the
defendant has a legal obligation
to support such a person.
In determining the amount
to be paid, the court shall
apply the standards established
in the child support guidelines.
Each judgment or order of
support which is issued,
reviewed or modified pursuant
to this chapter shall conform
to and shall be enforced
in accordance with the provisions
of section 12 of chapter
119A;
(f) ordering the defendant
to pay the person abused
monetary compensation for
the losses suffered as a
direct result of such abuse.
Compensatory losses shall
include, but not be limited
to, loss of earnings or
support, costs for restoring
utilities, out-of-pocket
losses for injuries sustained,
replacement costs for locks
or personal property removed
or destroyed, medical and
moving expenses and reasonable
attorney’s fees;
(g) ordering information
in the case record to be
impounded in accordance
with court rule;
(h) ordering the defendant
to refrain from abusing
or contacting the plaintiff’s
child, or child in plaintiff’s
care or custody, unless
authorized by the court;
(i) the judge may recommend
to the defendant that the
defendant attend a batterer’s
intervention program that
is certified by the department
of public health.
No filing fee shall be
charged for the filing of
the complaint. Neither the
plaintiff nor the plaintiff’s
attorney shall be charged
for certified copies of
any orders entered by the
court, or any copies of
the file reasonably required
for future court action
or as a result of the loss
or destruction of plaintiff’s
copies.
Any relief granted by the
court shall be for a fixed
period of time not to exceed
one year. Every order shall
on its face state the time
and date the order is to
expire and shall include
the date and time that the
matter will again be heard.
If the plaintiff appears
at the court at the date
and time the order is to
expire, the court shall
determine whether or not
to extend the order for
any additional time reasonably
necessary to protect the
plaintiff or to enter a
permanent order. When the
expiration date stated on
the order is on a weekend
day or holiday, or a date
when the court is closed
to business, the order shall
not expire until the next
date that the court is open
to business. The plaintiff
may appear on such next
court business day at the
time designated by the order
to request that the order
be extended. The court may
also extend the order upon
motion of the plaintiff,
for such additional time
as it deems necessary to
protect from abuse the plaintiff
or any child in the plaintiff’s
care or custody. The fact
that abuse has not occurred
during the pendency of an
order shall not, in itself,
constitute sufficient ground
for denying or failing to
extend the order, of allowing
an order to expire or be
vacated, or for refusing
to issue a new order.
The court may modify its
order at any subsequent
time upon motion by either
party. When the plaintiff’s
address is inaccessible
to the defendant as provided
in section 8 of this chapter
and the defendant has filed
a motion to modify the court’s
order, the court shall be
responsible for notifying
the plaintiff. In no event
shall the court disclose
any such inaccessible address.
No order under this chapter
shall in any manner affect
title to real property.
No court shall compel parties
to mediate any aspect of
their case. Although the
court may refer the case
to the family service office
of the probation department
or victim/witness advocates
for information gathering
purposes, the court shall
not compel the parties to
meet together in such information
gathering sessions.
A court shall not deny
any complaint filed under
this chapter solely because
it was not filed within
a particular time period
after the last alleged incident
of abuse.
A court may issue a mutual
restraining order or mutual
no-contact order pursuant
to any abuse prevention
action only if the court
has made specific written
findings of fact. The court
shall then provide a detailed
order, sufficiently specific
to apprise any law officer
as to which party has violated
the order, if the parties
are in or appear to be in
violation of the order.
Any action commenced under
the provisions of this chapter
shall not preclude any other
civil or criminal remedies.
A party filing a complaint
under this chapter shall
be required to disclose
any prior or pending actions
involving the parties for
divorce, annulment, paternity,
custody or support, guardianship,
separate support or legal
separation, or abuse prevention.
If there is a prior or
pending custody support
order from the probate and
family court department
of the trial court, an order
issued in the superior,
district or Boston municipal
court departments of the
trial court pursuant to
this chapter may include
any relief available pursuant
to this chapter except orders
for custody or support.
If the parties to a proceeding
under this chapter are parties
in a subsequent proceeding
in the probate and family
court department for divorce,
annulment, paternity, custody
or support, guardianship
or separate support, any
custody or support order
or judgment issued in the
subsequent proceeding shall
supersede any prior custody
or support order under this
chapter.
PART
II. REAL AND PERSONAL PROPERTY
AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section 4. Temporary
orders; notice; hearing
Section 4. Upon the filing
of a complaint under this
chapter, the court may enter
such temporary orders as
it deems necessary to protect
a plaintiff from abuse,
including relief as provided
in section three. Such relief
shall not be contingent
upon the filing of a complaint
for divorce, separate support,
or paternity action.
If the plaintiff demonstrates
a substantial likelihood
of immediate danger of abuse,
the court may enter such
temporary relief orders
without notice as it deems
necessary to protect the
plaintiff from abuse and
shall immediately thereafter
notify the defendant that
the temporary orders have
been issued. The court shall
give the defendant an opportunity
to be heard on the question
of continuing the temporary
order and of granting other
relief as requested by the
plaintiff no later than
ten court business days
after such orders are entered.
Notice shall be made by
the appropriate law enforcement
agency as provided in section
seven.
If the defendant does not
appear at such subsequent
hearing, the temporary orders
shall continue in effect
without further order of
the court.
PART
II. REAL AND PERSONAL PROPERTY
AND DOMESTIC RELATIONS
TITLE III. DOMESTIC RELATIONS
CHAPTER 209A. ABUSE PREVENTION
Chapter 209A: Section 1.
Definitions
Section 1. As used in this
chapter the following words
shall have the following meanings:
"Abuse", the
occurrence of one or more
of the following acts between
family or household members:
(a) attempting to cause
or causing physical harm;
(b) placing another in
fear of imminent serious
physical harm;
(c) causing another to
engage involuntarily in
sexual relations by force,
threat or duress.
"Court", the
superior, probate and family,
district or Boston municipal
court departments of the
trial court, except when
the petitioner is in a dating
relationship when "Court"
shall mean district, probate,
or Boston municipal courts.
"Family or household
members", persons who:
(a) are or were married
to one another;
(b) are or were residing
together in the same household;
(c) are or were related
by blood or marriage;
(d) having a child in common
regardless of whether they
have ever married or lived
together; or
(e) are or have been in
a substantive dating or
engagement relationship,
which shall be adjudged
by district, probate or
Boston municipal courts
consideration of the following
factors:
(1) the length of time
of the relationship; (2)
the type of relationship;
(3) the frequency of interaction
between the parties; and
(4) if the relationship
has been terminated by either
person, the length of time
elapsed since the termination
of the relationship.
"Law officer",
any officer authorized to
serve criminal process.
"Protection order
issued by another jurisdiction",
any injunction or other
order issued by a court
of another state, territory
or possession of the United
States, the Commonwealth
of Puerto Rico, or the District
of Columbia, or tribal court
that is issued for the purpose
of preventing violent or
threatening acts or harassment
against, or contact or communication
with or physical proximity
to another person, including
temporary and final orders
issued by civil and criminal
courts filed by or on behalf
of a person seeking protection.
"Vacate order",
court order to leave and
remain away from a premises
and surrendering forthwith
any keys to said premises
to the plaintiff. The defendant
shall not damage any of
the plaintiff’s belongings
or those of any other occupant
and shall not shut off or
cause to be shut off any
utilities or mail delivery
to the plaintiff. In the
case where the premises
designated in the vacate
order is a residence, so
long as the plaintiff is
living at said residence,
the defendant shall not
interfere in any way with
the plaintiff’s right to
possess such residence,
except by order or judgment
of a court of competent
jurisdiction pursuant to
appropriate civil eviction
proceedings, a petition
to partition real estate,
or a proceeding to divide
marital property. A vacate
order may include in its
scope a household, a multiple
family dwelling and the
plaintiff’s workplace. When
issuing an order to vacate
the plaintiff’s workplace,
the presiding justice must
consider whether the plaintiff
and defendant work in the
same location or for the
same employer.