Legal Opinion

Diaz v. Gomez

Massachusetts Appeals Court

Decided June 26, 2012No. 11-P-305PublishedCited by 4 opinions

1Opinion of the CourtRubin, J.

Following a hearing in the Probate and Family Court, an ex parte abuse prevention restraining order, obtained by the plaintiff, Cindy E. Diaz, against the defendant, Juan G. Gomez, pursuant to G. L. c. 209A, § 3, was extended for one year. The defendant filed a timely appeal. He argues that the facts set forth in the plaintiff’s affidavit were insufficient to warrant the extension of the ex parte order. He also claims that the judge *56violated his due process rights by soliciting and then considering layered hearsay statements in support of the plaintiff’s allegations against him. We conclude…

2Cases cited4 opinions

  1. Commonwealth v. BettencourtMassachusetts Supreme Judicial Court · 2006
  2. Vittone v. ClairmontMassachusetts Appeals Court · 2005
  3. Brantley v. Hampden Division of the Probate & Family Court DepartmentMassachusetts Supreme Judicial Court · 2010
  4. Commonwealth v. MorrisseyMassachusetts Supreme Judicial Court · 1996

3Cited by4 opinions

  1. IDRIS I. v. HAZEL H.Massachusetts Appeals Court · 2022
  2. M.L.M. v. E.M.Massachusetts Appeals Court · 2019
  3. P.P. v. S.P.Massachusetts Appeals Court · 2018
  4. Railroad v. M.W.Massachusetts Appeals Court · 2018

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