Abuse prevention orders remanded for review

BOSTON, MA — Where a defendant father has filed an appeal challenging two District Court abuse prevention orders obtained by the plaintiff mother on behalf of the divorced couple’s two minor children, a remand must be ordered because the judge’s oral findings on the record raise a concern that the correct standard was not applied.

“… On appeal, the father contends that the judge made no independent findings and instead impermissibly relied on findings of the judge who presided over the prior ex parte proceeding. We vacate the orders of February 26, 2025, extending the abuse prevention orders, and remand the cases for further proceedings. …

“… ‘An ex parte order is entitled to no weight and the issue must be relitigated anew.’ …

“Here, however, it appears that the judge who heard the testimony and observed the parties relied on the ex parte judge’s determination of the mother’s credibility ‘previously,’ and that judge’s decision to issue the ex parte orders, to find that ‘it’ met the standards for a hearing after notice. Indeed, the judge’s first statement upon resuming the bench was a ‘finding’ that ‘there was a previous order that was issued.’ Although we ordinarily presume that trial judges know and correctly apply the law, the judge’s oral findings on the record raise a concern that the correct standard was not applied. …

“Accordingly, the orders of February 26, 2025, extending the abuse prevention orders, are vacated. The cases are remanded to the District Court, where the judge will have thirty days after the issuance of the rescript to enter specific written findings supporting the orders against the father. If findings are not made in that time, notifications and directions shall enter, conformably with G.L.c. 209A, §7, third par., for the destruction of all records of the vacated orders. We deny the mother’s request for appellate attorney’s fees.”

B.M. v. J.M. (and a consolidated case) (Lawyers Weekly No. 81-088-26) (5 pages) (Docket No. 25-P-679) (July 31, 2026).