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CORRADO v. HEDRICK

No. 05-P-287.

65 Mass. App. Ct. 477 (2006)

CHRISTINE CORRADO v. HUNT R. HEDRICK, JR., & another.

Appeals Court of Massachusetts, Middlesex.

January 31, 2006.

Attorney(s) appearing for the Case

Steven S. Epstein for the defendants.

Dana Alan Curhan for the plaintiff.

Present: Grasso, Dreben, & Berry, JJ.

GRASSO, J.

In this appeal, we consider the constraints on a judge's power to award relief under G. L. c. 209A. We conclude that when, at a contested hearing, a plaintiff fails to prove that "abuse" has occurred, a judge may not continue an ex parte order that directs the defendant to vacate and remain away from the household because of subjective concerns that violence may occur if both remain in the same household.2

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