Turner v. Lewi

749 N.E.2d 122 (2001)

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Nature of the Case

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Facts

P is the paternal grandmother of a ten-year-old child, whose parents were never married. P has custody of the child, and the child resides with her. The child's mother presently has visitation rights with the child, although she does not pay child support to the grandmother. On September 2, 1999, the mother entered the P's home unannounced and without permission while the grandmother and the child were upstairs. The mother, who appeared 'obviously high,' yelled for the child and demanded that she come downstairs. P told her that the child was not at home. P then attempted to descend the stairs, the mother blocked her and punched and pushed her. The mother then punched P again and pushed her up against the wall, causing P's head to hit a windowsill. After hitting P once more, the mother fled the scene in a van. P telephoned the police. P filed a pro se complaint against the mother for protection from abuse under G. L. c. 209A. A Probate and Family Court judge granted P an emergency protective order, another judge declined to extend that order, because she found that the 'parties are [not] related by blood, marriage or household membership' as required by the statute. P filed a timely notice of appeal and also filed a motion for reconsideration, which was denied. P appealed that denial as well.