MITCHELL V. MITCHELL
821 N.E.2d 79 (2005)
NATURE OF THE CASE: Wife (P) challenged a decision which vacated an abuse prevention
order entered against the former husband (D) after he filed a motion for reconsideration.
FACTS: After suffering from more than ten years of verbal and physical abuse inflicted by
D, P filed a complaint for protection from abuse. An ex parte abuse prevention order was
issued that same day directing D to refrain from abusing or contacting P. D appeared pro se
at a hearing on January 3, 2002, the date on which the initial order was fixed to expire,
and after hearing, the order was extended for one year, to January 3, 2003. D did not appeal
from the extended order. On June 20, 2002, D filed a verified motion requesting the court
'to reconsider or vacate' the order dated January 3, 2002. D stated that P had contacted him
repeatedly by telephone since the issuance of the order and had spent time with him in Los
Angeles while attending the funeral of his mother. The motion to reconsider or vacate was
marked 'allowed' in the margin. No written findings were made, nor was any oral explanation
given at the hearing. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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