Posts tagged "1009914"

Singh v. Capuano (and a consolidated case) (Lawyers Weekly No. 10-099-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us     SJC‑11491 SJC‑11565   ANEETA SINGH  vs.  SCOTT CAPUANO (and a consolidated case[1]).     Middlesex.     February 3, 2014.  ‑  June 11, 2014. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.       Abuse Prevention.  Witness, Self‑incrimination.  Practice, Civil, Moot case.       Complaint for protection from abuse filed in the Somerville Division of the District Court Department on February 14, 2013.   Hearings to extend the abuse prevention order were had before Neil J. Walker, J., and Joseph W. Jennings, III, J.   The Supreme Judicial Court granted applications for direct appellate review.     Michael J. Licker (Kevin J. Conroy with him) for the plaintiffs. Cindy T.K. Palmquist for Women’s Bar Association of Massachusetts, Inc., & others, amici curiae, submitted a brief.       IRELAND, C.J.  The plaintiff, Aneeta Singh, appeals from two District Court orders extending for three months certain portions of an abuse prevention order that had issued against the defendant, Scott Capuano.  Singh had sought to have the original order extended in its entirety for a full year.  We granted Singh’s applications for direct appellate review and consolidated the appeals.  While the appeals have been pending, the underlying orders were succeeded by other orders, to which Singh does not object.  We therefore dismiss these appeals as moot.  Considering the importance of “proper judicial administration of . . . restraining orders,” Uttaro v. Uttarro, 54 Mass. App. Ct. 871, 873 n.2 (2002), however, we exercise our discretion to comment on some of the issues presented. Facts.  On February 14, 2013, Singh filed a complaint in the District Court seeking an abuse prevention order against Capuano pursuant to G. L. c. 209A.  After an ex parte hearing, a temporary order issued granting custody of the parties’ minor child to Singh and directing Capuano to have no contact with, to stay at least fifty yards away from, and not to abuse Singh or the child.  The matter was scheduled to be heard next on February 22, 2013.  Shortly after the ex parte hearing, Singh filed a report with the police concerning the events underlying the c. 209A complaint and also applied for criminal complaints against Capuano that eventually issued. Both parties appeared with counsel before a second District Court judge on February 22, 2013.  Despite Singh’s request for an evidentiary hearing and to have the abuse prevention […]

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Posted by Massachusetts Legal Resources - June 12, 2014 at 12:22 am

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