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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

M.L.M. v. E.M., 123 N.E.3d 802 (2019)

Citation
M.L.M. v. E.M., 123 N.E.3d 802 (2019)
Parent Document
M.L.M. v. E.M., 123 N.E.3d 802 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-21

Full Text

774 chars
Background. The plaintiff and the defendant were married but involved in divorce proceedings when the plaintiff (the wife) filed a complaint and affidavit seeking a c. 209A order. The parties continued to live in the same house during the divorce proceedings. The plaintiff's complaint alleged that the defendant had placed her in fear of imminent serious physical harm over a span of seventeen months. She did not check the box on the complaint form indicating the pendency of divorce proceedings, but she referenced them in her attached affidavit. A judge issued an ex parte order. One week later, another judge conducted an evidentiary hearing at which both parties testified; at the close of the hearing, the judge found enough evidence to extend the order for one year.