B.C. v. F.C.
B.C. v. F.C.
Opinion of the Court
We are asked by a judge of the Probate and Family Court to answer two questions of law, reported under rule 5 of the Massachusetts Rules of Appellate Procedure,
Here, although the judge ordered expungement, he did not find by clear and convincing evidence that the order was obtained through a fraud on the court. For this reason, he lacked the authority to override the statutory requirement that a computerized record of any abuse prevention order be maintained in the registry. See Silva v. Carmel, 468 Mass. 18, 24-25 (2014); Commissioner of Probation v. Adams, 65 Mass. App. Ct. 725, 737 (2006); Quinn v. Gjoni, 89 Mass. App. Ct. 408, 414, n.14 (2016). As a result, the judge’s order to expunge the order from the registry must be vacated.
Background. The judge found the following facts, which the parties do not challenge.
In support of the motion to expunge, the plaintiff apparently submitted an affidavit and a memorandum of law asserting “that her psychosis-induced fictitious information [included in the complaint and affidavit filed in support of her application for the order] was tantamount to constructive fraud”; she claimed that other than her name, the names of her family members, and the date of marriage, “all else of substance in her affidavit of July 8, 2011 never happened.”
In a decision dated June 10,2015, the judge stated that he found credible the plaintiffs testimony that “during the 2011 ex parte restraining order hearing she had internalized and distorted domestic violence scenarios she had come across in her practice as a family law attorney”; the judge also found credible her representation that nothing relating to abuse in the plaintiffs July 8, 2011, affidavit in support of her application for the order, or testimony at the ex parte hearing, was accurate or based in fact. He credited the details of the hospital discharge summary describing the plaintiff’s symptoms upon admission, along with her medication, treatment, and diagnosis on discharge.
In ruling that the order should be expunged, the judge reasoned
Ultimately, the judge ordered that, “[gjiven clear and convincing evidence in the factual record of a fraudulent outcome perpetrated by a Plaintiff suffering a psychotic episode with delusions, and in order to protect the integrity of the Court, law enforcement decision-making and the rights of legitimate domestic abuse victims, where there is no benefit to courts or law enforcement to keep a fantastical 209A record, [and] where the harm to the defendant is overwhelming, it is fair and sensible that the Court invoke its inherent authority to expunge the record of the parties’ 209A order from the statewide domestic violence registry system.” He then stayed his expungement order in order to report to this court two questions of law.
Discussion. Both the parties to the order (i.e., the appellees) and the judge ask us to expand the holding of Adams, 65 Mass. App. Ct. at 737. We decline to do so for the following reasons.
It is well established that a judge possesses “inherent powers .. . to preserve the court’s authority to accomplish justice.” Wong v. Luu, 472 Mass. 208, 218 (2015). See Blankenburg v. Commonwealth, 260 Mass. 369, 373 (1927); Opinion of the Justices, 279 Mass. 607, 613 (1932). This is especially true when a judge’s action is obtained through the commission of fraud on the court. “A ‘fraud on the court’ occurs where it can be dem
However, the judge’s discretion in the area of the registry is narrowly limited. In Vaccaro v. Vaccaro, 425 Mass. 153, 155 (1997), the court noted, “the Legislature authorized and directed the Commissioner of Probation (commissioner) to develop and implement the system, which is to contain a computerized record of the issuance and violation of any restraining or protective order.” See G. L. c. 209A, § 7.
“[T]he absence of any provision for removal or authority for expungement. . . reflects a deliberate legislative decision that all records be available for review by a judge who is considering an application for a restraining or protective order and by other authorized agencies that have a legitimate need to see the record.”
There is, however, a narrow exception to this rule. “[Wjhen a
The plaintiff and the defendant ask this court to expand the holding in Adams to include the order at issue here, where, they argue, the fraud on the court is the “consequence of fantastical representations from a plaintiff then suffering a psychotic episode with delusions.” The judge contends a judge’s power to order expungement of a record from the registry should not be “limited to lying litigants” but should be expanded to include orders obtained by a “paranoid and delusional complainant” when the interest of the government to maintain a record of the order outweighs the harms suffered by the defendant against whom the order was issued.
There are strong policy reasons, described by the Supreme Judicial Court in Vaccaro and subsequent cases, for the registry established by the Legislature. See Vaccaro, 425 Mass. at 157. See also Allen v. Allen, 89 Mass. App. Ct. 403, 406 (2016); M.C.D. v. D.E.D., 90 Mass. App. Ct. 337, 343 (2016). Specifically, in alleged abuse cases, it is crucial that judges and law enforcement officials have as much information as possible, including “all orders, inactive as well as active” to determine potential dangerousness.
Having this in mind, we are not persuaded that this court should carve a broader exception. As a result, because the judge did not
Conclusion.
So ordered.
"A report of a case for determination by an appellate court shall be for all purposes under these rules taken as the equivalent of a notice of appeal. Whenever a case or any paid of it is reported after decision or verdict, the aggrieved party (as designated by the lower court) shall be treated as the appellant.” Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See Reporters’ Notes to Rule 5, Mass. Ann. Laws Court Rules, Rules of Appellate Procedure, at 22 (LexisNexis 2015) (rule 5 to be read in conjunction with Mass.R.Civ.P. 64, as amended, 423 Mass. 1410 [1996]).
In a report dated June 10, 2015, after ordering the abuse prevention order expunged, the judge stayed his order for the purpose of reporting two questions of law to this court.
The parties below appear here jointly as appellees.
Although a judge may report specific questions of law under rule 5, the issue before us is the propriety of the judge’s ruling. The reported questions need not be answered except to the extent necessary to resolve any issue presented by the ruling. See Commonwealth v. Markvart, 437 Mass. 331, 333 (2002) (pending action stayed in order to report questions based on interlocutory order).
The record appendix contains only the judge’s memorandum and order on a joint motion to expunge the order, notice of the rule 5 report of questions of law, and papers relating to case impoundment. Specifically, none of the underlying exhibits is in the record appendix. See Mass.R.A.P. 18(e), as appearing in 428 Mass. 1601 (1998).
The judge’s memorandum details the following. “On July 8, 2011 the Court considered the following from Plaintiff’s affidavit: ‘[The defendant] has been abusive towards me throughout the marriage, he has threatened to kill me, he has threatened to kill himself, and he has been abusive towards the children. In April 2011 he said to me “you have been very unpleasant lately and you’re not there for me, maybe I’ll just kill you.” On several occasions he has also cut out and presented articles to me about men who kill their wives and children. [The defendant] has threatened suicide on a number of occasions throughout the
The parties to the order were, at the time of issue, husband and wife.
The judge’s findings state that the hearing on the joint motion to expunge occurred on March 5, but the parties indicate in their respective briefs that the hearing was held on March 13, 2015.
None of the transcripts from any healing pertaining to the order was included in the record appendix. See Mass.R.A.P. 18(e).
“Question of Law #1: Given the procurement of a 209A restraining order based on fantastical representations from a plaintiff then suffering a psychotic episode with delusions, may the trial court invoke its inherent authority to expunge the record where the outcome, not the plaintiff, constitutes the fraud on the Court?
“Question of Law #2: To warrant expungement of a 209A restraining order on the basis of fraud, must the fraud have been sentiently set in motion by a plaintiff suffering delusions and psychosis but who has not previously been determined to be incompetent?”
General Laws c. 209A, § 7, also details a procedure, where an order is vacated, for notice to law enforcement agencies directing the agencies to destroy all records of the vacated order.
The Legislature has enacted a statute similarly restricting a judge’s authority to order expungement of records with regard to criminal cases. G. L. c. 276, § 100C. In criminal cases where a nolle prosequi or a dismissal has been entered, a judge’s sole remedy is to order the case sealed where justice would best be served to protect the confidentiality of records of the crime charged, eliminating a judge’s equitable authority to expunge court or probation records. See Commonwealth v. Moe, 463 Mass. 370, 372-373 (2012). See also Commonwealth v. Gavin G., 437 Mass. 470, 473-475 (2002).
Judges and other corn! officials authorized to make bail and release decisions in criminal cases are required by statute to consider whether the person has any history of orders issued against him pursuant to G. L. c. 209A when making that determination, see G. L. c. 276, § 57, particularly in so-called dangerousness hearings, see G. L. c. 276, § 58A.
The parties alternatively argue that the judge has the equitable power to order expungement under inherent powers expressed in Mass.R.Dom.Rel.P. 60(b) (identical to Mass.R.Civ.R 60[b], 365 Mass. 828 [1974]). This argument fails, as the final judgment (the order) was vacated at the hearing after notice, thus granting the defendant the relief he sought. The constitutional due process argument raised by the parties also fails. First, there is no mention in the judge’s findings regarding this argument having been raised below, and second, the sparseness of the record appendix makes the evaluation of this claim speculative at best. Compare Twin Fires Inv., LLC v. Morgan Stanley Dean Witter & Co., 445 Mass. 411, 428-429 (2005).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.