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Appeals court weighs whether probate judge erred relying on counsel’s email in abuse‑prevention order

Judicial - Appeals Court Oral Arguments · January 9, 2026
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Summary

In a partially impounded appeal over a 209A order extension, appellant counsel said the probate court relied heavily on an email from opposing counsel and on pre‑amendment conduct; appellee argued the record contained repeated incidents of conduct supporting imminence, and both sides debated retroactivity and statutory standards.

The panel heard argument in an impounded probate appeal over a 209A abuse‑prevention order extension.

Michael Fabian, representing the appellant (TT), said the probate judge relied heavily on an email sent by the husband’s Florida divorce counsel and that there was an insufficient record tying that email or its threatening language to the appellant. Fabian emphasized that much alleged conduct predated the…

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