Silvia v. Duarte

The petitioner, Timothy Silvia, appeals from a judgment entered on the denial by a single justice of this court of a petition for relief under G. L. c. 211, § 3 (1994 ed.). The petitioner claimed in his petition that he had, and had improperly been denied, a right to cross-examine the respondent, Maria Duarte, who had sought a restraining order against him under G. L. c. 209A (1994 ed.), in the Attleboro District Court. The single justice entered a memorandum of decision in which he concluded that, while cross-examination generally should be allowed in this type of action, the judge’s refusal…