|Home Summary Index 209A|
NISSENBAUM’S STANDARD SET OF
CONCLUSIONS OF LAW
209A Soup to Nuts
WARNING! THIS IS A DISCLAIMER! NOTHING ON THE WEB SITE IS TO BE CONSIDERED IN THE NATURE OF LEGAL ADVISE, NOR IS THE INFORMATION PROVIDED NECESSARILY UPDATED TO INCLUDE THE LATEST MASSACHUSETTS CASES OR CASES FROM OTHER JURISDICTIONS WHICH MAY EFFECT THEIR CASE. YOU MUST CONTACT THE LAWYERS AT NISSENBAUM HICKEY OR ANOTHER EXPERT IN FAMILY LAW IN ORDER TO SEEK INDIVIDUAL LEGAL ADVICE ABOUT YOUR CASE.
12.0 Destruction of Records if Order is Vacated
C. 209A, Section 7 provides that whenever an abuse prevention order is vacated, the court shall direct the appropriate law enforcement agency to destroy all record of the vacated order. See Smith v. Joyce, 421 Mass. 520, 521 (1995). Wooldridge v. Hickey, 45 Mass. App. Ct. 637 (1998).
The order does not need to be vacated nunc pro tunc, see Santos v. Chrysler Corp., 430 Mass. 198, 216 (1999), because the registry created by G. L. c. 209A, � 7 includes specific measures to ensure that the record of a vacated restraining or protective order will be eliminated, thereby obviating the possibility of public disclosure or possible service of a vacated order. Vaccaro v. Vaccaro, 425 Mass. 153, 157-159, 161-162 (1997). Uttaro v. Uttaro, 54 Mass. App. Ct. 871 (2002).
The � 7 mechanisms are sufficient safeguards, without the court’s intrusion into the legislative thicket entering a nunc pro tunc order. Uttaro v. Uttaro, 54 Mass. App. Ct. 871 (2002).
|Copyright by Gerald Nissenbaum and used by permission�|