Legal Opinion

Szymkowski v. Szymkowski

Massachusetts Appeals Court

Decided February 5, 2003No. 01-P-118PublishedCited by 5 opinions

1Opinion of the CourtKass, J.

Violence among family or household members is the social ill for which G. L. c. 209A attempts a remedy.2 Turner v. Lewis, 434 Mass. 331, 334 (2001). We decide that the conduct described by the Probate Court judge as the basis of a c. 209A order against the defendant did not, within the meaning of the *285statute, involve the infliction of physical harm on his daughter — she was seven years old at the time of the c. 209A hearing — nor did the defendant place her in fear of imminent serious physical harm.* *3

Facts. We take the facts largely from those found by the Probate Court judge. Chapter 209A…

2Cases cited15 opinions

  1. Frizado v. FrizadoMassachusetts Supreme Judicial Court · 1995
  2. In Re the Department of Public Welfare to Dispense With Consent to AdoptionMassachusetts Supreme Judicial Court · 1981
  3. Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1990
  4. Cobble v. Commissioner of the Department of Social ServicesMassachusetts Supreme Judicial Court · 1999
  5. Wooldridge v. HickeyMassachusetts Appeals Court · 1998

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3Cited by5 opinions

  1. Ginsberg v. BlackerMassachusetts Appeals Court · 2006
  2. Vittone v. ClairmontMassachusetts Appeals Court · 2005
  3. Commissioner of Probation v. AdamsMassachusetts Appeals Court · 2006
  4. Corrado v. HedrickMassachusetts Appeals Court · 2006
  5. Callahan v. CallahanMassachusetts Appeals Court · 2014

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