N.M. v. C.C.
This text of N.M. v. C.C. (N.M. v. C.C.) 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
25-P-581
N.M.
vs.
C.C.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The defendant, C.C., appeals from the extension of a
harassment prevention order issued by a District Court judge
pursuant to G. L. c. 258E (c. 258E order).1 As we understand the
record provided to us, on April 16, 2025, following an ex parte
hearing, the judge found a substantial likelihood of immediate
danger of harassment to the plaintiff and issued the order in
question against the defendant for a period of one week. On
April 23, 2025, following notice and a two-party hearing, the
judge made a similar finding and extended the order for one
year. The defendant claims that the judge erred because the
1 The plaintiff, N.M., did not file a brief. plaintiff failed to prove three acts of harassment as required
by the statute. The defendant also claims that she has no
personal relationship with the plaintiff, that she never
communicated with her, and that she never threatened her.
However, these claims are set forth as conclusory statements
without analysis or support with legal authority. The
defendant, as the appellant, must comply with Mass. R. A. P. 16
(a) (9) (A), as appearing in 481 Mass. 1628 (2019), and,
accordingly, with respect to the issues presented, must set
forth "the reasons therefor, with citations to the authorities
and parts of the record on which the appellant relies."2 Id. In
addition, the record appendix, which consists solely of
screenshots of court documents and images, does not shed light
on the defendant's arguments.
Here, given the absence of: 1) a transcript or any
substantive information concerning the alleged acts of
harassment, 2) a summary of the plaintiff's testimony, 3) the
significance of the images and screenshots contained in the
record appendix, and 4) the lack of any discussion regarding the
2 We recognize that the defendant is self-represented. This circumstance does not excuse her from complying with our rules of procedure. Roby v. Superintendent, Mass. Correctional Inst., Concord, 94 Mass. App. Ct. 410, 412 (2018) ("Although the plaintiff[] ha[s] been acting pro se, [she is] held to the same standards as litigants who are represented by counsel" [quotations and citations omitted]).
2 alleged errors on the part of the judge, we cannot conduct a
meaningful review of the issues raised. See Kellogg v. Board of
Registration in Med., 461 Mass. 1001, 1003 (2011) (failure to
support "claims of error with sufficient legal argument or
factual detail" or "fail[ure] to cite to sufficient supporting
authority. . . . provide an insufficient basis for [the] court
reasonably to consider" appellate arguments). Despite these
failures, we have reviewed what has been provided to us and
discern no basis on which we can grant the defendant the relief
she seeks. Accordingly, we affirm the order entered on April
23, 2025.
So ordered.
By the Court (Vuono, Neyman & Smyth, JJ.3),
Clerk
Entered: June 16, 2026.
3 The panelists are listed in order of seniority.
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