Tosta v. Bullis

The defendant, Russell Bullís, Jr., appeals an order of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying his motion to dismiss a domestic violence petition filed by his wife, the plaintiff, Cintia Tosta. He also appeals the trial court’s order granting her a final domestic violence protective order after a hearing. See RSA 173-B:5 (Supp. 2007). We reverse.

The record reveals the following. On June 18, 2006, the parties were involved in an altercation while traveling in their car on a Massachusetts highway. It is undisputed…