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Panel reviews domestic restraining-order ruling, questions judge’s factual findings and accommodation of records
Summary
Appellate argument questioned whether trial judge properly found the elements for a domestic restraining order where evidence showed hostility, repeated order violations and public confrontations but no prior physical violence or explicit threats of imminent bodily harm.
The Appeals Court heard argument Feb. 13 in docket 24P722, a domestic restraining-order appeal in which the petitioner obtained an emergency order and an extension after an incident at a Little League field where the respondent allegedly struck or pounded the car while the parties’ children were present. Attorney Anthony Luzzo, representing the appellant/respondent, urged the appeals panel that the evidence did not support the judge’s finding of an objectively reasonable fear of…
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