F.P. v. C.J.
This text of F.P. v. C.J. (F.P. v. C.J.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
24-P-884
F.P.
vs.
C.J.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
As best can be discerned from the inadequate record in this
case, following an ex parte hearing on May 9, 2024, a judge of
the District Court issued a temporary G. L. c. 258E harassment
prevention order against the defendant, C.J. The order directed
the defendant not to contact the plaintiff, F.P., and to stay at
least fifty yards from her and her residence. Following a two-
party hearing on May 22, 2024, a second judge extended the order
until May 21, 2025, and modified the required stay-away distance
to fifteen yards. On July 10, 2024, a third judge modified the
order by ordering the defendant also to stay at least fifteen
yards from the plaintiff's workplace. The defendant appeals from the order issued following the
two-party hearing on May 22, 2024, and the modification order
issued on July 10, 2024. No meaningful review in this case is
possible because the defendant has not presented this court with
an adequate record. Mass. R. A. P. 18 (a), as appearing in 481
Mass. 1637 (2019). See Arch Med. Assocs., Inc. v. Bartlett
Health Enters., Inc., 32 Mass. App. Ct. 404, 406 (1992). The
defendant contends that she has been "falsely accused of things
that never took place," including "threat[en]ing somebody who I
don't know." She has not, however, provided this court with a
copy of the plaintiff's complaint, the plaintiff's motion for
modification, or any of the hearing transcripts. "[The]
appellant's obligation to include those parts of the trial
transcript and copies of motions 'which are essential for review
of the issues raised on appeal . . . is a fundamental and
longstanding rule of appellate civil practice'" (citation
omitted). Cameron v. Carelli, 39 Mass. App. Ct. 81, 84 (1995).
"[P]ro se litigants are held to the same standards as practicing
members of the bar." Commonwealth v. Jackson, 419 Mass. 716,
719 (1995). Accordingly, we decline to disturb the harassment
2 prevention orders issued in the District Court.
Orders dated May 22, 2024, and July 10, 2024, affirmed.
By the Court (Rubin, D'Angelo, & Toone, JJ.1),
Clerk
Entered: September 23, 2025.
1 The panelists are listed in order of seniority.
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