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COMMONWEALTH v. FINASE

435 Mass. 310 (2001)

COMMONWEALTH v. TIMOTHY FINASE.

Supreme Judicial Court of Massachusetts, Norfolk.

November 5, 2001.

Attorney(s) appearing for the Case

William T. Harrington, Special Assistant District Attorney (Robert C. Cosgrove, Assistant District Attorney, with him) for the Commonwealth.

Edward J. Kelly (Lauren A. Kelly & Leo McAuliffe with him) for the defendant.

Toni G. Wolfman, Anthony Mirenda & Kristi G. Hatrick for The Domestic Violence Council, Inc., & others, amici curiae, submitted a brief.

Thomas F. Reilly, Attorney General, & Barbara F. Berenson, Assistant Attorney General, for Attorney General, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

On June 18, 1999, on a complaint filed by Bridie O'Loughlin, the Wrentham Division of the District Court Department issued an ex parte abuse prevention order (order) against the defendant, Timothy Finase. The order provided in pertinent part:

"YOU ARE ORDERED NOT TO CONTACT THE PLAINTIFF, except as permitted in [paragraph] 8 below or for notification of court proceedings as permitted in this section, either...

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