Legal Opinion

Lawrence v. Gauthier

Massachusetts Appeals Court

Decided August 16, 2012No. Nos. 11-P-223, 11-P-742, 11-P-892, & 11-P-924PublishedCited by 3 opinions

1Opinion of the Court

This court has held repeatedly that appeals involving abuse prevention orders issued pursuant to G. L. c. 209A are not necessarily moot, even when the underlying orders have expired. See Smith v. Jones, 61 Mass. App. Ct. 129, 133 (2006) (“Notwithstanding that both the ex parte and the extension orders have expired, the appeal is not moot. The defendant ‘could be adversely affected by [the orders] in the event of future applications for an order under G. L. c. 209A or in bail proceedings . . . [and] has a surviving interest in establishing that the orders were not lawfully issued, thereby, to…

2Cases cited5 opinions

  1. Frizado v. FrizadoMassachusetts Supreme Judicial Court · 1995
  2. O'BRIEN v. BorowskiMassachusetts Supreme Judicial Court · 2012
  3. Wooldridge v. HickeyMassachusetts Appeals Court · 1998
  4. Dollan v. DollanMassachusetts Appeals Court · 2002
  5. Cumberland Farms, Inc. v. Zoning Board of AppealsMassachusetts Appeals Court · 2004

3Cited by3 opinions

  1. Seney v. MorhyMassachusetts Supreme Judicial Court · 2014
  2. Gassman v. ReasonMassachusetts Appeals Court · 2016
  3. Smith v. MastalerzMassachusetts Supreme Judicial Court · 2014

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