Massachusetts Guidelines for Judicial Practice Abuse Prevention Proceedings Guideline 7:00

There is no provision in c. 209A for appeal by either party. However, the Supreme Judicial Court has ruled that litigants seeking appeals be directed to the Appeals Court.

A pending appeal does not deprive the Trial Court of its ability to modify or terminate an order.

Judicial review of decisions regarding G.L. c. 209A orders is an appeal in the Appeals Court.Zullo v. Goguen, 423 Mass. 679, 681 (1996). See also Watson v. Walker, 447 Mass. 1014, 1015 (2006). “As a rule, a defendant who is the subject of an abuse prevention order issued ex parte at the commencement of an action brought under G.L. c. 209A may challenge the order at the ensuing hearing after notice--not by an appeal to an appellate court.” V.M. v. R.B., 94 Mass. app. Ct. 522, 522 (2018).

A defendant may appeal an order even if the order has expired.Wooldridge v. Hickey, 45 Mass. App. Ct. 637, 638 (1998). This is to be distinguished from an order that has been terminated from which there is no right of appeal.Quinn v. Gjoni, 89 Mass. App. Ct. 408, 414 (2016). When an order is terminated, the court is to notify the police in writing and direct the department to destroy all records of the terminated order.G.L. c. 209A, § 7.  1 In such circumstances, appellate review is moot because the defendant has obtained all the relief to which he or she could be entitled. This is because, even if successful on appeal, the defendant would not be entitled to have the order expunged from the Statewide Registry of Civil Restraining Orders.Quinn, 89 Mass. App. Ct. at 414 n.14. See also Allen v. Allen, 89 Mass. App. Ct. 403, 406 (2016) (same).

Despite any limitation on a party's right to appeal, if either party seeks to pursue an appeal, the clerk's office should be prompt in complying with Massachusetts Rules of Appellate Procedure 8 and 9 when assembling the record on appeal.See Allen v. Allen, 89 Mass. App. Ct. 403, 403 (2016) (motion to dismiss appeal resolved by the Appeals Court).

The Trial Court need not seek leave from the appellate court to modify or terminate a pending order.Quinn v. Gjoni, 89 Mass. App. Ct. 408, 411 (2016). “Of course, litigants should keep appellate courts apprised of any relevant ongoing proceedings.” Id.