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Our references to G. To the extent there is any confusion, our opinion in the Champagne case with regard to comments on G. The order issued by the judge was within her permissible discretion. Section 3 further provides: "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.
When the language of the statute is clear, a judge's obligation is to follow the Legislature's command.
US Federal Law. US State Law. Other Databases. Crenshaw filed a timely appeal. We interpret G. O'Brien v. Crenshaw and Macklin lived together for much of the period between and During that period, the couple. See Sinnott v. Crenshaw's counsel requested that the protective order be made permanent. Justia Legal Resources. See Peterson v. Marketing Solutions.
Claire Laporte Nicole R. Hadas with her for the plaintiff. Not in district court. Any ambiguity in the earlier statute was thereby resolved.
The next day, with both parties present, the restraining order was extended for one year, pursuant to G. On December 10,Crenshaw, who was then represented by counsel, again appeared in the District Court seeking a renewal of the protective order entered twelve months ly.
Where St. The plaintiff, Jacqueline Crenshaw, appeals from a decision of a judge in the District Court denying her request for a permanent protective order against the defendant, Wallace Macklin, pursuant to G. The judge said that she was not authorized to do so. Cadogan, Mass. Well, I can't make it permanent.
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Macklin did not appear. That's all I can do. Section 3 further provides:. Inthe Legislature amended the statute, adding the language that now explicitly grants a judge that authority. So ordered.
We remand the case to the District Court for further proceedings consistent with this opinion, 1. Nevertheless, the judge in this case ruled that she did not have the authority to issue a permanent order in these circumstances. The legislative history of s.
Thus, at a renewal hearing, a judge's discretion is broad: she may permit the existing order to expire without renewal; she may issue a permanent order; or she may issue an order of shorter duration of "any time reasonably necessary" to protect the abused person. According to Crenshaw, her relationship with Macklin was marked by his sporadic abuse toward her and her children.
The judge renewed the restraining order until December 10,one year later. The judge agreed to extend the order, but refused to make it permanent, stating that she lacked the authority to do so [Note 1 ]. Although that language left to the discretion of the judge the time period of any extension of an initial abuse prevention order, the statute did not specify whether a judge had the authority to issue a permanent order. Our review of the exercise of that discretion generally is limited to whether she abused her discretion.
The case was heard by Mary Ann Driscoll, J. The Supreme Judicial Court granted an application for direct appellate review. 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" emphasis added. We granted the plaintiff's application for direct appellate review. A person suffering from abuse may file a complaint requesting a protective order.
George, Mass. Section 3 provides procedures for obtaining abuse prevention remedies for parties in the same family or household [Note 2 ]. Law Students. On a finding of abuse, a judge may issue any one of several remedies provided in the statute.
Wallace Macklin, pro se, submitted a brief. Champagne, Mass. Inafter an incident in which Macklin assaulted Crenshaw's daughter, Crenshaw sought a protective order against him. See Bay State Gas Co. Local No. Workers Union, Mass.
It was error for the judge to refuse to entertain a request for a permanent abuse prevention order against the defendant. He does not challenge the jurisdiction of the District Court judge to issue a permanent order, but argues that the entry of a permanent order is not warranted against him. We remand the case to the District Court to permit the judge to reconsider her order and to exercise her discretion to the full extent provided by statute [Note 3 ].
I'll extend it for a year.
We hold that G. We remand the case to the District Court for further proceedings consistent with this opinion. Find a Lawyer. Director of the Div. State Tax Comm'n, Mass.
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Macklin will have an opportunity to raise those issues before the judge in the District Conn. During that period, the couple had one son. Crenshaw also has two children of her own. Relief on an initial complaint is limited to one year. Prior tos. The judge may have been confused by our ruling in Champagne v. Boston Retirement Bd. But a ruling by a judge that she has no power to grant an order, when in fact such an order is discretionary, is an error of law.