McCarthy v. Wheeler

I agree with the majority that the time limits contained in the statutes are mandatory. I write separately, however, because I disagree that the failure to meet the time standards in this case requires the dismissal of the petition.

The record supports the following. During a telephone call on August 12, 2004, between the defendant, Robert E. Wheeler, and the plaintiff, Wendy L. McCarthy, concerning their son, Wheeler threatened McCarthy with physical harm. The Enfield Police Department assisted McCarthy in obtaining an emergency protective order by telephone through the Lebanon District Court…