| ORRINA TURNER vs. DENISE LEWIS. | | | | In interpreting the term "related by blood" this court |
| SUPREME JUDICIAL COURT OF MASSACHUSETTS | | | | concludes that the parties are "related by blood." The |
| June 15, 2001 | | | | paternal grandmother, through her son, is "related by |
| Facts: | | | | blood" to the child. Likewise, the child and her mother |
| The plaintiff in this case is the paternal grandmother | | | | are "related by blood." Thus, the child is "related by |
| of a ten year old child, whose parents were never | | | | blood" to both parties, making the mother and |
| married. The grandmother has custody of the child, | | | | grandmother "related by blood" through that child. |
| and the child resides with her. The child's mother | | | | When grandparents are charged with the |
| presently has visitation rights with the child, although | | | | responsibility of caring for their grandchildren, they |
| she does not pay child support to the grandmother. | | | | must often face "the biological parents' frequent |
| On September 2, 1999, the mother entered the | | | | resentment of the grandparental custody, and/or |
| grandmother's home and yelled for the child. The | | | | their jealousy of the attention being paid by their |
| grandmother told her that the child was not at home. | | | | parents to their offspring." Because of the parental |
| When the grandmother then attempted to descend | | | | hostility that may accompany grandparental custody, |
| the stairs, the mother blocked her, and punched and | | | | it is imperative that caregivers like the grandmother in |
| pushed her up against the wall, causing the | | | | this case be protected from such domestic abuse by |
| grandmother's head to hit a windowsill. The | | | | c. 209A. For these reasons, this Court concludes |
| grandmother subsequently filed a pro se complaint | | | | that the grandmother and the defendant are "related |
| against the mother for protection from abuse under | | | | by blood," and that the Probate and Family Court's |
| G. L. c. 209A. Although a Probate and Family Court | | | | ruling contravenes "the Commonwealth's public policy |
| judge granted the grandmother an emergency | | | | against domestic abuse -- preservation of the |
| protective order, another Probate and Family Court | | | | fundamental human right to be protected from the |
| judge declined to extend that order, because she | | | | devastating impact of family violence." |
| found that the "parties are not related by blood, | | | | Accordingly, this court vacates the denial of the |
| marriage or household membership" as required by | | | | extension of the protective order, and the denial of |
| the statute. The grandmother filed a timely notice of | | | | the motion for reconsideration, and remands these |
| appeal and also filed a motion for reconsideration, | | | | cases to the Probate and Family Court for an order |
| which was denied. She appealed the denial of | | | | consistent with this opinion. |
| extension of protective order. | | | | Disclaimer: |
| Issue: | | | | These summaries are provided by the SRIS Law |
| - Whether the abuse was perpetrated by a "family | | | | Group. They represent the firm's unofficial views of |
| or household" member? | | | | the Justices' opinions. The original opinions should be |
| Discussion: | | | | consulted for their authoritative content. |