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Mitchell v. Mitchell

Appeals Court of Massachusetts

821 N.E.2d 79 (Mass. App. Ct. 2005)

Facts

Mary Mitchell (defendant) obtained an abuse-prevention order against her husband, James Mitchell (plaintiff). The order prohibited James from abusing or otherwise contacting Mary for one year. At the end of the one-year period, Mary would be permitted to file for an extension of the order. Midway through the year, James filed a motion to reconsider or vacate the order, arguing that since the implementation of the order, Mary had contacted him several times, requested to spend time alone with him, and did in fact spend time alone with him around the time of his mother’s funeral. The probate court granted James’s motion. Mary appealed.

Rule of Law

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Issue

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Holding and Reasoning (Duffly, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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