Appeals court questions whether restraining‑order extension can rest on counsel representations alone

The appeals panel heard argument over whether a judge properly extended a restraining order protecting children without taking live testimony at the extension hearing, and whether an appeal is moot when later extension orders remain in effect.

Anne O'Connor, representing the appellant (Mister G), said the judge extended the order after asking lawyers for their opinions rather than taking evidence and that the appellant had no opportunity to call witnesses. O'Connor argued the record did not show the judge relied on evidence presented at the hearing and asked the panel to consider precedent that vacated extension orders when current circumstances were not supported by evidence before the court.

Julie Gallop, for the Department of Children and Families, told the panel the department had filed a motion (styled a motion in limine) with an affidavit from a maternal aunt describing ongoing child fear and an alleged violation; she said those materials were in the court file and that the judge had a right to consider them at the extension hearing. Gallop cited Singh v. Capuano, 468 Mass. 328 (2014), to explain that subsequent orders can affect an…