Mitchell v. Mitchell

821 N.E.2d 79 (2005)

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Nature of the Case

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Facts

After suffering from more than ten years of verbal and physical abuse inflicted by D, P filed a complaint for protection from abuse. An ex parte abuse prevention order was issued that same day directing D to refrain from abusing or contacting P. D appeared pro se at a hearing on January 3, 2002, the date on which the initial order was fixed to expire, and after hearing, the order was extended for one year, to January 3, 2003. D did not appeal from the extended order. On June 20, 2002, D filed a verified motion requesting the court 'to reconsider or vacate' the order dated January 3, 2002. D stated that P had contacted him repeatedly by telephone since the issuance of the order and had spent time with him in Los Angeles while attending the funeral of his mother. The motion to reconsider or vacate was marked 'allowed' in the margin. No written findings were made, nor was any oral explanation given at the hearing. P appealed.